Public sector ir35

[TheLordDave]

I know there is a sticky on this, but.... Is there any way to remain outside ir35 with any of the public sector contracts? Some contractors I know at a government site were forced to declare as inside, as most government departments seem to now stipulate. Has anyone managed to work at one of these sites and remain outside?

I have seen a cracking local role but it is one of these forced ir35 departments.

Cheers

[DaveB]

I know there is a sticky on this, but.... Is there any way to remain outside ir35 with any of the public sector contracts? Some contractors I know at a government site were forced to declare as inside, as most government departments seem to now stipulate. Has anyone managed to work at one of these sites and remain outside?

I have seen a cracking local role but it is one of these forced ir35 departments.

Cheers

Currently have 3 PS clients. One is going direct and the other two are outside IR35 based on working practices and contract wording. You will have to provide evidence that you are outside IR35 as with any department but I've not heard of anyone being forced into being inside IR35 by the end client. Take a look at the review services that QDOS, Accountax Etc offer as they will write up a report confirming your status that can be used as evidence when requested.

[TheLordDave]

My current place wanted all that and were happy with a contract review. Not sure about this new place, I need to speak with some of the contractors there and see what the score is. 2 that I know we're both ir35 caught but not sure if that is due to practises or not understanding the legislation.

[DaveB]

My current place wanted all that and were happy with a contract review. Not sure about this new place, I need to speak with some of the contractors there and see what the score is. 2 that I know we're both ir35 caught but not sure if that is due to practises or not understanding the legislation.

Probably a bit of both. If they couldn't prove they were outside when required then they would have been told go inside or walk.

[TheLordDave]

Apparently they had contract reviews ect that proved they were outside but we're told that they were inside and there would be no discussion. If they didn't declare then they were walked. Strange. This is for Dev work if that makes a difference.

[TheFaQQer]

Assuming the client understands IR35 (and that's no simple assumption), then if they say that you are inside then at least it removes the uncertainty of you not knowing whether you are inside or outside.

The response at that stage is to then increase your daily rate to cover the additional burden of operating inside IR35. If you can couple an increased rate with whacking loads into your pension fund, then you'll be quids in.