Contract Review

[Hex]

I am a member of the PCG. I believe my contract wording to be "IR35 friendly". The contract is from one of the big banks and I do not believe I can easily get them to change its content. I am looking for a professional opinion on the contract which I can then use if I ever need it during an investigation (which I hope I won't) to help prove that I made efforts to fully understand my IR35 status. I also try to ensure that my working practices are IR35 compliant as best I can within the bank. I see value in getting a professional review on such an important document as the contract.

[malvolio]

Sorry, but I can't really believe you wrote that.

If you are in the PCG, you know the answer - there are a list of contract reviewers on the website who will render a professional opinion. If you don't want to pay for it, get it on the fora and ask your peers, who collectively will give you advice every bit as informed. After all there's no point in joining the professionals than asking us amateurs, is there? Or do you think the PCG is only an insurance broker?

Also, while I'm here: Vectra Man is mising the point as well:

Only the cost of defending you though, not the actual dosh if you lose. That's what you really want from one of these experts.

If you know the "Am I in or not" answer up front, there won't be any tax either way, unless you;re so stupid as to be told you';re caught and then proceed like you weren't. And there won't be any penalties if you have taken steps to get an opinion that Hector happens, ultimately, to disagree with. Plus with a current count of 1200 wins to three losses (two of which were avoidable, remember) I can't see your point as being relevant.

[VectraMan]

to help prove that I made efforts to fully understand my IR35 status.

I'm not sure what you'd gain from that. It won't change the outcome of an investigation into your status. You can submit your contract to the IR I believe, to get their opinion, which is probably the only opinion they will take note of, but the PCG and others suggest you don't as the IR don't exactly have your best interests at heart.

[VectraMan]

If you know the "Am I in or not" answer up front, there won't be any tax either way, unless you;re so stupid as to be told you';re caught and then proceed like you weren't. And there won't be any penalties if you have taken steps to get an opinion that Hector happens, ultimately, to disagree with. Plus with a current count of 1200 wins to three losses (two of which were avoidable, remember) I can't see your point as being relevant.

So there's at least one case of somebody that thought they were outside IR35, and yet lost the case? The odds are pretty low perhaps, but then that's why we have insurance to cover the unexpected.

I only pointed out that the PCG insurance doesn't cover the actual tax you might have to pay, which your post implied that it did. Unless I got the wrong idea of what IT Contract agent said. I agree with you that insurance to cover that is a bit of a waste of money.

[malvolio]

Well you can't insure against tax owed, that would be evasion. You will notice that the policies that do offer to pay the tax only do so against what they consider to be non-IR35 caught contracts and then only one at a time; the PCG ones covers all of yours in one hit.

The three losees BTW - one represented himself and got it wrong, one was screwed by his client's HR team flatly contradicting the conditions of the contract, one was genuinely caught and really shouldn't have challenged it. I still think the odds of getting caught if you have the right contract and the right understanding with your client about and professioanl help if you need it are pretty low.

[Hex]

I know there are a list of contract reviewers on the PCG site. My post here is asking if anyone has used any of them and if they have any comments on their services.

[DaveB]

I've used SJD, quick service, sensible comments and picked up a couple of things I had missed that were IR35 relevent.

[malvolio]

With respect, that is not how it has been read. You asked "What value do they bring and why bother with them".

Still think you're asking the worng people though!

[Hex]

With respect, that is not how it has been read. You asked "What value do they bring and why bother with them".

That's certainly not what I meant to ask. My original post stated that I want to get my contract reviewed for IR35 by a professional and asked whether anyone had used anyone from the list I gave. Maybe it was ambiguous?

Anyway, I will read more on the PCG boards and then make a decision as to which one to use.

Thanks everyone for your help.

[Mordac]

Bauer & Cottrell are excellent. They are also cheaper than the others, which is a bonus.