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?
- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
IR35 contract reviewers
Collapse
X
-
-
Originally posted by Pacciae View PostWho 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?...my quagmire of greed....my cesspit of laziness and unfairness....all I am doing is sticking two fingers up at nurses, doctors and other hard working employed professionals...
-
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.Blog? What blog...?Comment
-
[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).Qdos Contractor - IR35 expertsComment
-
Originally posted by Qdos Consulting View PostWe 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.
...Blog? What blog...?Comment
-
Originally posted by malvolio View PostSorry - 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 - IR35 expertsComment
-
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"His fame rested on solid personal achievements...."Comment
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Streamline Your Retirement with iSIPP: A Solution for Contractor Pensions Sep 1 09:13
- Making the most of pension lump sums: overview for contractors Sep 1 08:36
- Umbrella company tribunal cases are opening up; are your wages subject to unlawful deductions, too? Aug 31 08:38
- Contractors, relabelling 'labour' as 'services' to appear 'fully contracted out' won't dupe IR35 inspectors Aug 31 08:30
- How often does HMRC check tax returns? Aug 30 08:27
- Work-life balance as an IT contractor: 5 top tips from a tech recruiter Aug 30 08:20
- Autumn Statement 2023 tipped to prioritise mental health, in a boost for UK workplaces Aug 29 08:33
- Final reminder for contractors to respond to the umbrella consultation (closing today) Aug 29 08:09
- Top 5 most in demand cyber security contract roles Aug 25 08:38
- Changes to the right to request flexible working are incoming, but how will contractors be affected? Aug 24 08:25
Comment