Is an SDS + client letter sufficient?

[DigitalUser]

Hello all, I'm in the process of securing a new contract (outside of IR35) and the SDS returned outside IR35. The client has accepted this (I walked through the determination with them) and we will have a letter drafted confirming their acceptance as well as desired outcomes and deliverables. We're also going to run through the tool again immediately post-April 6th to confirm working practices marry up to the inputs. We're going to work on a T+M basis because of the uncertainty COVID-19 will bring to delivery (I was going to do a fixed-price SoW, but that would expose me to significant risk that I'm not able to quantify [given we've never had a global pandemic to deal with before]).

Above and beyond this, would it be advisable to put anything else together should HMRC come knocking in the future? In the Business/Contracts channel (see https://www.contractoruk.com/forums/...ract-cest.html) it was suggested not - but I'm open to challenge on this. Happy to pay for independent counsel if required (the QDOS questionnaire has been suggested by a peer of mine).

[andydd68]

Hello all, I'm in the process of securing a new contract (outside of IR35) and the SDS returned outside IR35. The client has accepted this (I walked through the determination with them) and we will have a letter drafted confirming their acceptance as well as desired outcomes and deliverables. We're also going to run through the tool again immediately post-April 6th to confirm working practices marry up to the inputs. We're going to work on a T+M basis because of the uncertainty COVID-19 will bring to delivery (I was going to do a fixed-price SoW, but that would expose me to significant risk that I'm not able to quantify [given we've never had a global pandemic to deal with before]).

Above and beyond this, would it be advisable to put anything else together should HMRC come knocking in the future? In the Business/Contracts channel (see https://www.contractoruk.com/forums/...ract-cest.html) it was suggested not - but I'm open to challenge on this. Happy to pay for independent counsel if required (the QDOS questionnaire has been suggested by a peer of mine).

Am I wrong in thinking that HMRC simply wont come knocking.........at your door anyway..it will be at the clients if anyone.....or is that too much of a simplistic view ?

[DigitalUser]

Am I wrong in thinking that HMRC simply wont come knocking.........at your door anyway..it will be at the clients if anyone.....or is that too much of a simplistic view ?

I don't know. Furthermore, the client is a relatively small firm (not small enough to qualify for the small business exemption) and there could be an extended relationship over time with them. They've gone against the grain for me (which I greatly appreciate, as they were advised not to engage with PSCs full stop) so I would like to do what I can to avoid exposing them to unnecessary risk if at all possible.