Outside IR35 Contract

[leeperry]

About to go via a ltd company after working through a paye umbrella. What should I look for in a contract to make sure it falls outside ir35?. Should I get ir35 insurance?.

[SueEllen]

I found this really useful section on the main part of ContractorUk

Look to your right hand side on the screen -->

There is a section called "CUK Navigation".

Look down the list there is a section called "First Timers" click on the link and see what you find.

You may find useful stuff like this - What about IR35?

I amazingly I read it and didn't burst into flames.

[Clare@InTouch]

You're asking potentially very wide ranging questions and the answers could take all day, there are entire websites set up to explain IR35

As Sue Ellen says have a read through the links here, and it's worth reading through the PCG website too. If you already have a contract in place for the upcoming work then you could get it reviewed by a specialist - it's a lot easier to understand IR35 when you're looking at it in the context of an actual contract review.

It's worth noting though that IR35 is decided on your working conditions, not the written words. If the contract is perfect but it's a sham, you could still be caught.

Whether or not you want insurance depends on you and the contract you have. In theory if you're genuinely outside IR35 then you shouldn't need it, but many people prefer to err on the side of caution and take it out anyway.

[northernladuk]

I found this really useful section on the main part of ContractorUk

Look to your right hand side on the screen -->

There is a section called "CUK Navigation".

Look down the list there is a section called "First Timers" click on the link and see what you find.

You may find useful stuff like this - What about IR35?

I amazingly I read it and didn't burst into flames.

LOL Nice.

[leeperry]

I found this really useful section on the main part of ContractorUk

Look to your right hand side on the screen -->

There is a section called "CUK Navigation".

Look down the list there is a section called "First Timers" click on the link and see what you find.

You may find useful stuff like this - What about IR35?

I amazingly I read it and didn't burst into flames.

You amazingly you what?

The agency have the right of substitution in the contract - but I will probably get legal advice.

[malvolio]

You amazingly you what?

The agency have the right of substitution in the contract - but I will probably get legal advice.

I think you should. It's you that wants a right of substitution, not the agency.

Seriously, read the guide on here and download the "Guide to Freelancing" at Home | PCG (and join up while you're at it) and read it properly. You will be horrified at how much you don't know.

[Clare@InTouch]

You amazingly you what?

The agency have the right of substitution in the contract - but I will probably get legal advice.

It does depend on how that clause is worded - it's common for it to be the right to suggest a substitute rather than the right to simply send a substitute at your own discretion. It can also be undermined if the agency or client have the right to refuse any substitute on any grounds whatsoever.

[SueEllen]

You amazingly you what?

The agency have the right of substitution in the contract - but I will probably get legal advice.

Get legal advice but read up first so you have an idea of what the professional you seeking advice from actually means.

Some agencies put some "lovely" clauses into contracts...........

[LisaContractorUmbrella]

You amazingly you what?

The agency have the right of substitution in the contract - but I will probably get legal advice.

You will need to consider a lot more than the ROS clause - IR35 also depends on the level of direction and control that the client has over your working practises; an ROS clause which gives you an option to provide a replacement would not necessarily guarantee that your contract was outside IR35. You need to realistically look at your role and the way that it fits into the client's business. And, as everyone else has said, read the IR35 guides that are available (even the HMR&C site has information on IR35 if you look hard enough)

[leeperry]

thx folks