Confirmation of Arrangements letter (sample feedback)

[jamesbrown]

I am in the process of getting a CofA letter signed off by the client.

They are not adverse to it but are thinking more along the lines of - what do I as the client get out of this.

I took the approach that if there were to be an investigation then there may be a chance that the client may have to attend tribunals / meetings with HMRC etc. So the CofA could potentially avoid this, saving them time and money.

Their response was that they have no employment obligations and no risk of enquiry from HMRC. The risk of IR35 lies solely with the contractors. Which is all true of course. So in their opinion it does not give them any protections etc.

Are there any other points I could make to highlight that it may be in their interest (and not just mine) to get this CofA in place?

Which template are you using? The template from B&C comes with a fairly lengthy preamble w/ justification IIRC. The one from QDOS has a short justification. Anyway, it isn't a legal form, so it can't hurt them, beyond the time taken to complete the form. You should be able to persuade them (if nothing else, presumably they don't want you to look elsewhere?) Make sure you get it completed by someone familiar with your working practices and not some random HR person.