IR35 unfriendly wording

[vetran]

Thought QDOS offered a negotiation service when the contract failed. They get someone to ring up and convince the client. Let them loose.

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[Pondlife]

Then either accept it or walk away and remain on the bench....

This.

Since you're not providing any additional information. Maybe the rate is so spectacular that even on PAYE it's still a good-un. Maybe it's an opportunity to expand your skill set. Maybe it's two doors down from home...

The OP was a bit pointless IMHO (since this is in General).

[TestMangler]

Then either accept it or walk away and remain on the bench....

Unfortunately, it really is that simple.

Make a business decision, do you want the gig, inside IR35, with all that entails, or not ?

[Old Greg]

Request to up the rate denied

Walk away, telling them you are very happy to discuss the role again if they can look at their contract again.

Send the client a friendly note, expressing regret that it won't come off, but unfortunately the agent's t's and c's differ significantly from industry norms and would cost a significant wodge, and wish them the best of luck with the project.

[Old Greg]

This.

Since you're not providing any additional information. Maybe the rate is so spectacular that even on PAYE it's still a good-un. Maybe it's an opportunity to expand your skill set. Maybe it's two doors down from home...

The OP was a twat IMHO (since this is in General).

FTFY

[d000hg]

This. Gross up by 25% to the 40K mark, then 40%. Don't forget national insurance. As you are an employee on one of those contracts you expect all the usual benefits, 6 days sick, 25 days holiday etc.

Silly man, ignore him.

Request to up the rate denied

As is said - take it or leave it and make your own choice whether you consider yourself inside or outside IR35. Failing to get contract approval doesn't mean you are inside.

To what extent would the ir35 insurance be the answer?

Who is going to give you insurance on a contract that fails IR35 tests?

[DirtyDog]

IR35 is determined on the working conditions, not the wording of the contract. So regardless of what they change the words to, would it make that much difference to the reality of the situation?

If you have IR35 insurance, check whether you would still be covered. I'd doubt it, though.

Choices now that they won't increase the rate:

1) Walk away from the role.

2) Take the role, declare yourself inside IR35 for this one, and pay the taxes due.

3) Take the role, declare yourself outside IR35 for this one, and hope that you avoid an investigation.

I think I'd probably go for the first one if it was me.

[eek]

IR35 is determined on the working conditions, not the wording of the contract. So regardless of what they change the words to, would it make that much difference to the reality of the situation?

If you have IR35 insurance, check whether you would still be covered. I'd doubt it, though.

Choices now that they won't increase the rate:

1) Walk away from the role.

2) Take the role, declare yourself inside IR35 for this one, and pay the taxes due.

3) Take the role, declare yourself outside IR35 for this one, and hope that you avoid an investigation.

I think I'd probably go for the first one if it was me.

4) Take the role, declare yourself inside IR35 and pay the entire amount into your pension fund.

Edit to say not recommending it but its a get out if the contract is suitably short term...

[d000hg]

3b)Take the role and assume you're outside IR35, but set that portion of the money aside somewhere for the next decade.

[suityou01]

3b)Take the role and assume you're outside IR35, but set that portion of the money aside somewhere for the next decade.

Silly man