New contract offer

[WebContractor123]

I've been employed by a large company outside of IR35 for the last 2.5 years. My current contract runs to the end of March.

They would like me to stay on past March and are willing to be flexible on how the arrangement will be structured but I'm not sure what the safest arrangement for me is. I was offered the option to go permanent but the salary was half what I'm on now.

Another option discussed was me going part-time and me trying to find other clients, which isn't ideal.

Is working to shorter 3 or 6-month contracts to a fixed list of deliverables the safest way forward?

[northernladuk]

You've been what? You've got problems and you are only 4 words in to your post.

It sounds to me whatever method you use to come back it's going to be a contrived arrangement and putting you at risk. The role could be carried out as a permie and they wanted you as perm so anything else you do is just playing contractor.

You can't get away from this and have to consider this when thinking about the risk around retro inspection and how much it could potentially affect you.

IMO this isn't the time to be precious about clients and if it just isn't going to be truly outside then it's time to go. To enter contrived arrangements just to stay is not the best move IMO.

[oliverson]

You've been what? You've got problems and you are only 4 words in to your post.

It sounds to me whatever method you use to come back it's going to be a contrived arrangement and putting you at risk. The role could be carried out as a permie and they wanted you as perm so anything else you do is just playing contractor.

You can't get away from this and have to consider this when thinking about the risk around retro inspection and how much it could potentially affect you.

IMO this isn't the time to be precious about clients and if it just isn't going to be truly outside then it's time to go. To enter contrived arrangements just to stay is not the best move IMO.

ha ha ha ha

[pr1]

I've been employed by a large company outside of IR35 for the last 2.5 years. My current contract runs to the end of March.

They would like me to stay on past March and are willing to be flexible on how the arrangement will be structured but I'm not sure what the safest arrangement for me is. I was offered the option to go permanent but the salary was half what I'm on now.

Another option discussed was me going part-time and me trying to find other clients, which isn't ideal.

Is working to shorter 3 or 6-month contracts to a fixed list of deliverables the safest way forward?

Get them to declare you as outside of IR35 by saying they would genuinely accept a substitute and you are good to go, and all the risk is on them

[WebContractor123]

Get them to declare you as outside of IR35 by saying they would genuinely accept a substitute and you are good to go, and all the risk is on them

Will do. thank you for the advice.

[LondonManc]

Get them to declare you as outside of IR35 by saying they would genuinely accept a substitute and you are good to go, and all the risk is on them

Will do. thank you for the advice.

OK. Then it comes to an investigation and a working practices check......
HMRC: "Hey clientco, would you really accept a substitute?"
ClientCo: "No, but we needed this guy to stay on site so we said yes. He's really good, helps out, does everything we ask, even asks when he can have holidays."
HMRC: "Splendid."

[WebContractor123]

OK. Then it comes to an investigation and a working practices check......
HMRC: "Hey clientco, would you really accept a substitute?"
ClientCo: "No, but we needed this guy to stay on site so we said yes. He's really good, helps out, does everything we ask, even asks when he can have holidays."
HMRC: "Splendid."

Appreciate your input LondonManc but it feels like you're painting between the lines here.

Granted clientco could hang me out to dry to protect themselves in the event of an investigation but I'd have written proof they agreed to the substitution beforehand no?

[Kanaiya]

Appreciate your input LondonManc but it feels like you're painting between the lines here.

Granted clientco could hang me out to dry to protect themselves in the event of an investigation but I'd have written proof they agreed to the substitution beforehand no?

Well , according to QDOS "https://www.qdoscontractor.com/working-practices-review"

https://www.qdoscontractor.com/docs/....xlsx?sfvrsn=0

"In the case of an enquiry HMRC are likely to interview all parties to the contract and consider not only the written terms but also the ‘true facts’ which often carry more weight."

[LondonManc]

Appreciate your input LondonManc but it feels like you're painting between the lines here.

Granted clientco could hang me out to dry to protect themselves in the event of an investigation but I'd have written proof they agreed to the substitution beforehand no?

No, not at all. I've read between the lines rather than painted. See below:

Well , according to QDOS "https://www.qdoscontractor.com/working-practices-review"

https://www.qdoscontractor.com/docs/....xlsx?sfvrsn=0

"In the case of an enquiry HMRC are likely to interview all parties to the contract and consider not only the written terms but also the ‘true facts’ which often carry more weight."

[Kanaiya]

No, not at all. I've read between the lines rather than painted. See below:

Also the contract is between the agency and the contractor. The end client is not involved at all that's the reason the contract paper doesn't have much importance.