Contract does fall within IR35 according to accountant

[jamesbrown]

The review said that all 3 clauses were present. So therefore it fell within IR35?

Eh? You mean the contract pointed to D&C, MoO and a fettered/absent RoS?

[northernladuk]

If my agent flat out refuses to change clauses I am guessing the only option is to walk?

Very odd because that would mean dozens possibly hundreds of other people are in the same boat as me.

Why? You were happy enough with the pay structure of an Umbrella before. Still better to go PAYE than to spend time on the bench unless you can get something quick?

[TheCyclingProgrammer]

You seem to want a second opinion beyond your accountants. The best person to do that is a proper contract review specialist.

I'm sure people on here would be willing to give you an opinion too but how can we do that unless you share why your accountant thinks the contract is IR35 caught?

If you're very confident in your working practices then if don't see why you'd have a big problem getting the contract amended to match the reality of your working relationship.

[Zero Liability]

Accountax are also very good for reviews.

[jamesbrown]

Accountax are also very good for reviews.

As are Abbey Tax Protection.

[Wanderer]

The review said that all 3 clauses were present. So therefore it fell within IR35?

Ask them again, I think they may have mis-spoken or you misunderstood what they were saying....

[vwdan]

I'm new to this, but I sent my first contract to QDos - they came back with a specific clause that needed changing, so I replied to the agent with the information and they changed it for me. It really was that simple.

Although now I've started - I think I'm miles away from IR35 on this one anyway.

[psychocandy]

If my agent flat out refuses to change clauses I am guessing the only option is to walk?

Very odd because that would mean dozens possibly hundreds of other people are in the same boat as me.

They won't. It always amazes me how many things they try and sneak into contract and then just say OK when you point them out as unacceptable with no argument.

No such thing as a standard contract that can't be changed. Don't believe them.

[DirtyDog]

I had a Parity contract reviewed by Qdos in 2007 and it failed, mainly on the wording of the RoS clause - there were three areas that failed.

I forwarded the email to the agent, they sent it to their legal team, and the next day I had a contract that they had re-worded as recommended.

[d000hg]

Accountants do your accounts and are not contract specialists. Get QDOS or B&C to do it properly. B&C do offer to negotiate the contract on your behalf but agents are often not willing to change their contracts as they would have to get the changes legally checked to make sure it doesn't open themselves to risk. This takes time and money so will often flatly refuse changes.

The fact your accountant offered and that you didn't go get it done properly is a bit of a worry though.

Exactly why did the agent believe it to be inside? Whatever the answer is get QDOS or B&C to do it properly. I am sure these guys know something about accounting but you wouldn't let them run your company finances if you see what I am getting at.

If an experienced amateur (accountant) leans one way and a professional the other, I'd still be worried. A professional review means precisely diddly squat except in regards to insurance, doesn't it - it's still just an opinion.

Considering you basically have 3 things to look for, RoS, MOO and D&C, what can a professional see that anyone else can't? Those things are either there or they're not - reading between the lines "this implies they might expect D&C exists" is woolly and vague and trumped by the actual working arrangement in real life?

Is the only purpose of a professional review to get insurance in case you are investigated?