SDS direct from third party NOT client

[jk3838]

Client has engaged a third party IR35 specialist firm to do determinations (good good)

We've all (the individual contractors) had to pay for an assessment (some moaned, I was more than happy to do this)

We did the assessment which was then sent to our relevant client contact to sign off as being a truthful and correct reflection of our working practices

My assessment result from the third party has found me 'outside' and has been signed off by client contact as correct

Just waiting for the SDS

Talking to the agent just now , he tells me that the SDS will be issued to me direct from the third party IR35 specialist.

On the example he showed me, it doesn't have the client's name on it anywhere, just the third party IR35 company

My understanding is that I have to have an SDS from the client (by April 6th 2020) and was at least expecting it to say 'on behalf of Client Co' but it doesn't

Should I be insisting that I get something signed by the client, otherwise all I have is an SDS from the IR35 specialist, albeit 'employed' by the Client Co to do the determinations?

[GhostofTarbera]

Worthless if end client not specified I would think, otherwise I could send you one over


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[northernladuk]

I must admit I don't get this asking the contractor to fill in their own WP to make the determination. Look at some of the chumps we've had in here recently I can't see how they can fill it in correctly. And the client says fine and signs it off??
Sounds like this set up will spawn the next raft of investigations for HMRC to see if the client really agrees with the contractors view.

Either way. As long as you've got some paperwork linking the client to the 3rd party I'd be happy enough. There is a trail and evidence that this has been done behalf of the client so they've proven they've done diligence. Who's name is on the top paper in don't think is an issue.
Just make sure you keep all evidence together somewhere safe.

[CompoundOverload]

If you're going through an agent for this role, I'd insist on the agent getting a written SDS from the end client to demonstrate that you have applied reasonable care (along with any contract reviews).

Agents will try to pull the wool over your eyes by giving you all of the clauses you want in the contract you have with them but you don't see the contract they have with the end client, which could be completely different. The agency I have gone through tried to palm me off saying we'll get a written SDS from them but as long as you (I) have insurance it's fine. I asked them what about their insurance as they were in the same chain supply and they and the end client will have to pay back any tax due if their decision is incorrect.

Do these agencies understand what is going on FFS.

[eek]

If you're going through an agent for this role, I'd insist on the agent getting a written SDS from the end client to demonstrate that you have applied reasonable care (along with any contract reviews).

Agents will try to pull the wool over your eyes by giving you all of the clauses you want in the contract you have with them but you don't see the contract they have with the end client, which could be completely different. The agency I have gone through tried to palm me off saying we'll get a written SDS from them but as long as you (I) have insurance it's fine. I asked them what about their insurance as they were in the same chain supply and they and the end client will have to pay back any tax due if their decision is incorrect.

Do these agencies understand what is going on FFS.

Nope - although I can introduce them to someone who knows exactly what is going on and how to work with it who is suitably qualified including 20 years working in a recruitment agency who knows exactly what is going on for a small fee.

[andydd68]

If you're going through an agent for this role, I'd insist on the agent getting a written SDS from the end client to demonstrate that you have applied reasonable care (along with any contract reviews).

Agents will try to pull the wool over your eyes by giving you all of the clauses you want in the contract you have with them but you don't see the contract they have with the end client, which could be completely different. The agency I have gone through tried to palm me off saying we'll get a written SDS from them but as long as you (I) have insurance it's fine. I asked them what about their insurance as they were in the same chain supply and they and the end client will have to pay back any tax due if their decision is incorrect.

Do these agencies understand what is going on FFS.

Im giggling to myself here..not April yet and what a bloody mess it all is....I'm prob not alone in finding my current role confusing Client (who im doing role actually for) > IT Services Company (contract is with them, timesheets signed by, Ive no contact with them and my End Client has little idea where they fit in) > Agency > Brolly > My Ltd Co > Me.

Im current Outside but agency said Ill have to move Inside come April..no sign of any determination yet.

[mookiemoo]

#Well my agency has finally woken up and that is exactly what we are doing.

QDOS 42 questions........

Except I fill it in
Have a meeting with my client (French) to explain what it is and what I need - and get them to agree it

Then submit it and hey presto......

Do you think the person who put this together was a hitch hikers fan?

[northernladuk]

#Well my agency has finally woken up and that is exactly what we are doing.

QDOS 42 questions........

Except I fill it in
Have a meeting with my client (French) to explain what it is and what I need - and get them to agree it

Then submit it and hey presto......

Do you think the person who put this together was a hitch hikers fan?

So a complete waste of time then....

[mookiemoo]

So a complete waste of time then....

Agreed

But the client has not a clue why its needed (nor do they care) so just giving it to them is not going to get one filled in

and the agency can't fill it in themselves.

What would your solution be?

[northernladuk]

Agreed

But the client has not a clue why its needed (nor do they care) so just giving it to them is not going to get one filled in

and the agency can't fill it in themselves.

What would your solution be?

Walk away...