Advice on changing to outside ir35 during existing contract

[Slylabs]

Advice on changing to outside ir35 during existing contract

I'm hoping to get some advice on changing my IR35 status. I'm being contracting with the same client for about 3 years. During the first year of the contract I contracted through an umbrella company but transferred to my own limited company at one of the renewals. At the transfer point time the agency supplied a new contract "OFFER OF SUBCONTRACTED I.T. SERVICES" contract template which appeared to have been done by one of the contract review companies.

Anyway I completed the contract with the contract tasks/deliverables, hourly rate, etc and signed it. I assumed at the time that I would have to operate my limited company within IR35 as I had changed from an umbrella company so I instructed my accountant accordingly. I'm currently looking to change my IR35 status as my contract is coming up for renewal. It been suggested by my accountant and fellow contractor colleagues that I get the contract reviewed.

I believe the contract may be ir35 compliant and assuming it is, is it advisable to change ir35 status mid contract especially after a few years of operating within ir35?

If the contract isn't ir35 complaint then is it advisable to get it amended and then changed my status?

Does it flag up on the HMRC systems as soon as you change ir35 status?

[thunderlizard]

My advice would be to make sure the client knows what you're doing and why you're doing it. Reason is that if it does come to investigation, the powers that be will probably assume nothing's changed in the working relationship since you were within IR35.
With the client on board, you can tell them what changes are being made; and you should make sure you make use of the changed terms in an incontrovertible way at some point within the new contract - e.g. engage an unvetted subcontractor and charge for his work; or have a period on contract but without any work to do. This will signal to any enquiry that you walk the talk.