No payment until timesheets approved by client - IR35 ?

[panadol]

In my contract, it states that my limited company's invoice will be paid after timesheets are approved by the end client.

Is that IR35 friendly?

[Gentile]

Yes. Or, more specifically, it's not IR35 unfriendly.

[BolshieBastard]

In my contract, it states that my limited company's invoice will be paid after timesheets are approved by the end client.

Is that IR35 friendly?

Er, so you are expected your invoices to be paid before the client has confirmed you have

1, done the work
2, completed it to an acceptable standard?

Do you pay workmen who do work at your home in full before you've had a chance to inspect what they have done?

[panadol]

Er, so you are expected your invoices to be paid before the client has confirmed you have

1, done the work
2, completed it to an acceptable standard?

Do you pay workmen who do work at your home in full before you've had a chance to inspect what they have done?

Agree with the above. Common sense tells me that the clause makes sense.

However, from what I've researched into IR35, it seems to be an unfriendly clause.

Would I be correct is deducing that the contract is still IR35 friendly, as it refers to approved timesheets, NOT payment from end client to agency?

[TestMangler]

Agree with the above. Common sense tells me that the clause makes sense.

However, from what I've researched into IR35, it seems to be an unfriendly clause.

Would I be correct is deducing that the contract is still IR35 friendly, as it refers to approved timesheets, NOT payment from end client to agency?

It is neither friendly nor unfriendly.

Oh, more importantly, have your contract reviewed by a professional. Trying to do it yourself (unless your level of knowledge is far greater than it appears from your initial question), is a waste of time.

[BolshieBastard]

Agree with the above. Common sense tells me that the clause makes sense.

However, from what I've researched into IR35, it seems to be an unfriendly clause.

Would I be correct is deducing that the contract is still IR35 friendly, as it refers to approved timesheets, NOT payment from end client to agency?

Sorry but I dont know where you are getting that idea from. I think you are mixing up the Opt Out \ In regs here. Payment \ time sheet signing isnt D&C worthy of being IR35 caught.

[panadol]

Thanks guys.

A follow up question:
What if the end client's timesheet system is NOT setup to allow me to enter in timesheets?

Then I cannot even bill my agency?

Worse come to worse, who do I sue? client or agency? do I even have a case?

[MyUserName]

Thanks guys.

A follow up question:
What if the end client's timesheet system is NOT setup to allow me to enter in timesheets?

Then I cannot even bill my agency?

Worse come to worse, who do I sue? client or agency? do I even have a case?

It is standard that clients have to approve your timesheets, IR35 does not come into this.

If they do not have a timesheet system you can use then you have to make your own. I have to print sheets out and get them signed and then scanned to the agent, in other places there is an online system - whatever.

Make sure that your system provides the least bother to the client or they will not be thanking you for it!

[northernladuk]

Thanks guys.

A follow up question:
What if the end client's timesheet system is NOT setup to allow me to enter in timesheets?

Then I cannot even bill my agency?

Worse come to worse, who do I sue? client or agency? do I even have a case?

Why do idiots use the word sue??? How many business issues ever end in someoe sueing soemone else?

Do you really think you have started a contract in which you are unable to bill your agency? Some common sense has to be used.

[Sausage Surprise]

Thanks guys.

A follow up question:
What if the end client's timesheet system is NOT setup to allow me to enter in timesheets?

Then I cannot even bill my agency?

Worse come to worse, who do I sue? client or agency? do I even have a case?

I wasn't sure at first, but you have now confirmed that you are taking the p***