IR35 contract reviewers

**Lockhouse** · 15 August 2008, 07:02

Originally posted by Pacciae View Post

Who is legally qualified to give IR35 advice on a contract? Are the usual suppliers solicitors or lawyers or both? Are Accountax, Bauer and Cotterill, Qdos and Law Speed solicitors or lawyers? I had advise from one of these contract reviewers that my contract was outside IR35 and considered getting a second opinion but the latest advise from Kate Cotterill is that it is not worth it, but what if the reviewer gives the wrong advise? what if I take there advise that my contract is outside IR35 and Hector says its not & I have a huge tax bill?

Welcome to my world. If you're that worried about it take out insurance. That's what it's for.

**malvolio** · 15 August 2008, 07:11

Dave Smith of Accountax and the ladies at B&C are all ex-senior tax inspectors, so may be presumed to know a little about tax law. Lawspeed and QDOS are primarily legal firms with a specialisation in taxation. If they say it's outside then it's almost certainly defensible in court and you won't face a huge tax bill.

You can take their advice as definitive - after all, if it isn't they're out of business - but you must realise that the whole assessment of IR35 is very subjective (why we are appealing the Dragonfly case). That's what makes it such a bad piece of law. You can insure against that risk, but remember that the insurance will be dependent on a similar assessment of the status: if it's caught you won't get the insurance, if it isn't you're insuring against something that won't happen.

**Qdos Contractor** · 15 August 2008, 07:51

[QUOTE=malvolio;608895]Dave Smith of Accountax and the ladies at B&C are all ex-senior tax inspectors, so may be presumed to know a little about tax law. Lawspeed and QDOS are primarily legal firms with a specialisation in taxation. QUOTE]

We are actually a tax firm, not lawyers. Like the others, most of our consultants are ex-inspectors who have taken the heroic 'gamekeeper-turned-poacher' route.

An expert will give their opinion on the contract, but can never guarantee a successful outcome in an enquiry. If we are just looking at the written terms, your working practices may be completely different (which is why we advise they are both reviewed).

**malvolio** · 15 August 2008, 07:57

Originally posted by Qdos Consulting View Post

We are actually a tax firm, not lawyers. Like the others, most of our consultants are ex-inspectors who have taken the heroic 'gamekeeper-turned-poacher' route.
...

Sorry - sloppy use of English on my part. I was trying to say you are not an accountant, in the sense that most of us use the term. You must agree the distinction between the three is getting a little blurred these days!

**Qdos Contractor** · 15 August 2008, 08:10

Originally posted by malvolio View Post

Sorry - sloppy use of English on my part. I was trying to say you are not an accountant, in the sense that most of us use the term. You must agree the distinction between the three is getting a little blurred these days!

Yep, agreed.

**kanulondon** · 15 August 2008, 09:58

OK silly question time.

So if you have a contract that has been ratified as being WITHIN IR35 what are you supposed to do next?

1.Bury head in sand?
2.Chance it?
3.Inform someone? If so..whom? Assume your accountant and HRMC

Additonally if I were to take a contract and didn't look closely at IR35, but after working it became apparent my working practices were in IR35..what would I do next?

1.Bury head in sand
2.Change working practices with client and risk getting fired!
3.Inform soneone (accountant/hrmc)

I see a lot of people reviewing contracts to make sure its IR35 exempt, but as working practices are sometimes scrutinized what chance do you have? a la dragonfly...

KL

still a confused IR35 n00bie

IR35 contract reviewers