This may seem like a minor point for IR35 but will ask anyway. My end client has asked me to schedule and therefore take ownership of a fortnightly meeting with their customer. I know this is an administrative task but will this blur the lines of being an independent contractor outside IR35, considering that my end client is my customer and the relationship they have is with their customer? If investigated for being inside would something this simple be seen as me being "part and parcel" of the end client's organisation?
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A bit of context might be in order:Originally posted by Tractor Trace View Post
1. What is your role?
2. What is the project you are working on?
3. What is the relationship between the project you are working on and their "customer"?…Maybe we ain’t that young anymore -
Business analyst-ish for a change project and my relationship is updating on progress to their customer in a nutshelllComment
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Question from CEST bank question, been a few years since i did it, not sure if they ask this anymore, but the question was:
When the worker interacts with the end client's customers, clients, audience or users, how do they identify themselves?
(a) They work for the end client
(b) They're an independent worker acting on behalf of the end client
(c) They work for their own business
Ideally you want to be in a position to say C), I guess B is a neutral pointer, while A) would be a pointer to being inside.
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I've recently done a CEST assessment and picked B which I think most of us would pick anyway. You are an indy, but you still act on behalf of the client. It's a minor thing anyway, so not sure it matters that much. Of course in case of an investigation, if you say your answer was C, HMRC would just disregard this saying it's minor, but if you were to pick any other option HMRC would highlight this and claim it's actually a very important bit...Originally posted by Fraidycat View PostComment
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The points made by the other posters are interesting and correct but pretty irrelevant. It's such a minor point it's not worth bothering about. When working on projects there is always going to be a client somewhere down the chain and your role is to provide a service that an end client will do so speaking with them it a natural part of any role whatever you do. If your role is working on change then you can't do it without speaking to the client. It's an intrinsic part of the role. No one is going to pick up on this and use it an IR35 flag.'CUK forum personality of 2011 - Winner - Yes really!!!!
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Not a material pointer, but you should represent yourself as an independent contractor if you want this to be neutral or mildly positive w/r to IR35 and it should be consistent with your contract (it probably is, because there are likely deliverables that are at least indirectly related to it).Comment
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Simple phrasing works wonders when dealing with your client's customers.
"I am working with ClientX on your project" not "I am working for ClientX on your project"
Just out of interest. Has your client given you a log in to their systems with your own email account? Or do you use your own LtdCo email?Comment
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Surprised no one has said it but at the end of the day, if you have an SDS in your grubby mitt it's not your problem.
'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Very debatable. I wouldn’t touch an outside contract under Chapter 10 rules, personally.Originally posted by northernladuk View PostSurprised no one has said it but at the end of the day, if you have an SDS in your grubby mitt it's not your problem.Comment
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