Contract under IR35?

[cprs]

Hi, just curious. I've found that the contract my agency offered me is pretty common so there is a chance that someone already checked it for IR35.

Here are some contracts that look nearly the same as mine:
http://www.google.co.uk/search?q=CLI...%20CONTRACTORS

Maybe some tips before I pay 200 quid for checking it? (And yes, I know I'm dumb. Me speak no English and work for peanuts.)

Cheers.

[WotNxt]

With IR35 the contract is not the whole story.

Go to a company that offers IR35 protection insurance and get them to review it. They SHOULD ask you some questions about things like real working practices before making a decision either way. They may review for free on the basis of selling you a policy - but check the small print of any policy you might buy!!!!

JMTP (just my two-pennorth)

[Bluebird]

It ain't what it says, it's the way that you do it - thats what makes it IR35.

[farazfastian]

I agree with you all that its not the contract that decides IR35 status its the way you work etc.

Tell me one thing, If everything is ok like even some company has done a review of IR35 and declared it outside IR35 (based on contract) BUT my daily practice is to go reach the client office by 9:00 and work there till 5:30 following client's instructions and my contract duration is 6 months(likely to extend to 12 months). So am i still fine with IR35 i.e. no threats of IR35 caught?

Regards
Faraz

[Flubster]

I agree with you all that its not the contract that decides IR35 status its the way you work etc.

Tell me one thing, If everything is ok like even some company has done a review of IR35 and declared it outside IR35 (based on contract) BUT my daily practice is to go reach the client office by 9:00 and work there till 5:30 following client's instructions and my contract duration is 6 months(likely to extend to 12 months). So am i still fine with IR35 i.e. no threats of IR35 caught?

Regards
Faraz

No. If the client is dictating your hours you will more than likely fall in IR35...

[aj1977]

I agree with you all that its not the contract that decides IR35 status its the way you work etc.

Tell me one thing, If everything is ok like even some company has done a review of IR35 and declared it outside IR35 (based on contract) BUT my daily practice is to go reach the client office by 9:00 and work there till 5:30 following client's instructions and my contract duration is 6 months(likely to extend to 12 months). So am i still fine with IR35 i.e. no threats of IR35 caught?

Regards
Faraz

How do u say teh client dictates your working time? Is it explicitely mentioned in writing anywhere in the contract?

[ASB]

So am i still fine with IR35 i.e. no threats of IR35 caught?

Unfortunately that utpoia doesn't exist.

Anything is at risk of challenge, and HMRC have launched some pretty daft challenges over the years.

Even if you have a robust contract and working practices once IR35 has reared it's head they rarely just go away saying "that's fine".

[ruth11]

I've just decided to go contracting for the first time and have been reading this forum for a couple of days to get as much info as possible, but this thread has me confused! Isn't the contract style described above how ALL contracts work? I'm sure that's how all contractors have been employed in each company I've worked in. In which case, how are ANY of them IR35 compliant?!

Edit: Hmm, just read the new post above. So, at my current work place (I'm permie right now), we have a few contractors who work a set 7.5 hours a day. Each has slightly different start and end times, but they do the same every day, Monday to Friday. Does that mean that they are INSIDE IR35? If they're not, how are they getting OUTSIDE?

[thunderlizard]

If they are doing those hours because their customer is telling them to, they are probably inside IR35.
If they have decided on their own initiative that those are the best hours to do their work, then they might not be.

[ruth11]

Ok, I've found the relevant docs now and realise that the kind of contract I'm looking at is more likely to be outside IR35 than a support contract because it's project based. How do any contractors doing "3 month technical support contracts" ever get around IR35 - or do they just admit they're inside and pay more?