IR35 unfriendly wording

[Gittins Gal]

Unfortunately, it really is that simple.

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

Well unfortunately things aren't always THAT cut and dry. Or perhaps they are but from a contrary standpoint.

If I was in the situation I would walk regardless of how lucrative the gig is inside IR35.

My rational for this is that ad-hoc working inside IR35 when you've been primarily operating outside of IR35 will lead to a certain degree of sticking one's head over the HMRC parapet.

[BoredBloke]

Who is the client/agency

[TestMangler]

Well unfortunately things aren't always THAT cut and dry. Or perhaps they are but from a contrary standpoint.

If I was in the situation I would walk regardless of how much the gig is still lucrative inside IR35.

My rational for this is that ad-hoc working inside IR35 when you've been primarily operating outside of IR35 will lead to a certain degree of sticking one's head over the HMRC parapet.

So, you would walk regardless, but things that aren't that cut and dried ??



So the OP has a simple choice to make, like I said.

[Gittins Gal]

So, you would walk regardless, but things that aren't that cut and dried ??



So the OP has a simple choice to make, like I said.

Ok, I slightly misread your post in that I was under the impression that you were inferring that he should take the gig all things considered. I was mistaken, on this occasion.

[Craig at Nixon Williams]

I’m no contractor, but surely if the choice is to take the work and pay a bit more tax or walk away and earn nothing for the next few months, then it would be better to accept the offer and pay the tax?

To what extent would the ir35 insurance be the answer?

If the contract fails the IR35 tests then no insurance is going to help you...

[MyUserName]

To what extent would the ir35 insurance be the answer?

Not at all, unless you can use it as leverage to get the contract changed (I have, previously).

[TestMangler]

Ok, I slightly misread your post in that I was under the impression that you were inferring that he should take the gig all things considered. I was mistaken, on this occasion.

How magnanimous

For the record, I would walk regardless as well.

The OP has a very simple choice to make. Take it or don't.

[northernladuk]

Hey chaps,

Qdos have assessed and failed the contract wording, and the client wouldn't incorporate the suggested changes into the contract.

An otherwise good job. What would you do?

Best thing is to send Psychocandy a PM and ask his opinion.

[Gittins Gal]

If the contract fails the IR35 tests then no insurance is going to help you...

I've always been slightly sceptical over IR35 insurance. So many of the criteria that are used to assess whether or not you are eligible for cover are what I call grey areas.

I mean, look at the question of substitution. QDOS state that you can be covered if you are not aware of any reason why you would not be permitted to deploy a substitute.

Ok, if you're at this stage it's a safe assumption that the contract SAYS you can do it but can you do it in reality?

I am sure this could be used as a sticking point in event of a claim.

[northernladuk]

I've always been slightly sceptical over IR35 insurance. So many of the criteria that are used to assess whether or not you are eligible for cover are what I call grey areas.

I mean, look at the question of substitution. QDOS state that you can be covered if you are not aware of any reason why you would not be permitted to deploy a substitute.

Ok, if you're at this stage it's a safe assumption that the contract SAYS you can do it but can you do it in reality?

I am sure this could be used as a sticking point in event of a claim.

QDOS clarified this in a post awhile back but I can't find it. As long as there is a possibility or expectation (can't remember the wording they used) that there is RoS it doesn't have to be exercised. A Letter of Confirmation from the client should back up your RoS which would be useful either way.

Saying that if you have a RoS in the contract and you know 100% that this will not be allowed and is a sham they you shouldn't expect QDOS to represent you really.