Hi everyone,
First post on the forums, so be gentle
I've been reading through this particular forum to try and get most of the answers to questions I had and pleased to say i've found the majority so thank you to the main contributors to previous posts. I'm still seeking some advice so hoping someone can help, I understand given the reform is very new to the private sector the answers just might not be available right now but here goes.
Bit of background first. I've been contracting with my current client for 2 years in Feb, previously via a 3rd party agency they used mainly for the payroll and admin purposes. Back in Jan I was able to secure an outside determination with the client for a new contract to take me from reform date up to the end of 2021.
The intention of the client was that I was still to contract via the agency, however on seeing the new agency contract in which they have made my ltd co indemnify them for all and every cost resulting in any tax non-compliance regardless of fault i've refused to renew (They wouldnt change the clauses despite me calling out that I was more than happy for my co to indemnify them and the end client for non-compliance on my part).
My refusal to renew on those contract terms, and their refusal to change the clauses has pushed the end client to take them out of the loop! great news on the face of it.
So to the advice I seek, like many end clients their knowledge of IR35 even with the reform is extremely limited, i'm working directly with their procurement team on the contract and they are requesting we collectively sign the following docs -
- Statement of Works - to be created by my Co and outlining the details of this engagement
- Master Service Agreement - Created by them and underpinning the services my company provides
- Services Schedule - Created together and supporting the MSA
Having reviewed the first drafts and created the SoW myself none of the documents currently include what I would deem standard outside of IR35 clauses, such as substitution. The Procurement Manager I am dealing with has advised that their external lawyers are adding some IR35 clauses which I should see this week, this is making me quite nervous, i'm not really sure where these clauses should sit, should I add them to the SoW or expect them to be in the MSA?
I've previously used QDOS for contract reviews, but their current services arent really relevant for post reform in my opinion. I've seen Merkel Tax mentioned as a potential resource for reviews, has anyone any similar experience which they can pass on?
Should I be the one worrying about it given the reform puts the onus on the client? I generally wouldnt bury my head in the sand so this approach wouldnt sit comfortable with me, but I just dont know where the land lies now.
I have an SDS and a copy of the client outside CEST from the Jan exercise.
Thanks for taking the time to read, all advice welcomed.
First post on the forums, so be gentle
I've been reading through this particular forum to try and get most of the answers to questions I had and pleased to say i've found the majority so thank you to the main contributors to previous posts. I'm still seeking some advice so hoping someone can help, I understand given the reform is very new to the private sector the answers just might not be available right now but here goes.
Bit of background first. I've been contracting with my current client for 2 years in Feb, previously via a 3rd party agency they used mainly for the payroll and admin purposes. Back in Jan I was able to secure an outside determination with the client for a new contract to take me from reform date up to the end of 2021.
The intention of the client was that I was still to contract via the agency, however on seeing the new agency contract in which they have made my ltd co indemnify them for all and every cost resulting in any tax non-compliance regardless of fault i've refused to renew (They wouldnt change the clauses despite me calling out that I was more than happy for my co to indemnify them and the end client for non-compliance on my part).
My refusal to renew on those contract terms, and their refusal to change the clauses has pushed the end client to take them out of the loop! great news on the face of it.
So to the advice I seek, like many end clients their knowledge of IR35 even with the reform is extremely limited, i'm working directly with their procurement team on the contract and they are requesting we collectively sign the following docs -
- Statement of Works - to be created by my Co and outlining the details of this engagement
- Master Service Agreement - Created by them and underpinning the services my company provides
- Services Schedule - Created together and supporting the MSA
Having reviewed the first drafts and created the SoW myself none of the documents currently include what I would deem standard outside of IR35 clauses, such as substitution. The Procurement Manager I am dealing with has advised that their external lawyers are adding some IR35 clauses which I should see this week, this is making me quite nervous, i'm not really sure where these clauses should sit, should I add them to the SoW or expect them to be in the MSA?
I've previously used QDOS for contract reviews, but their current services arent really relevant for post reform in my opinion. I've seen Merkel Tax mentioned as a potential resource for reviews, has anyone any similar experience which they can pass on?
Should I be the one worrying about it given the reform puts the onus on the client? I generally wouldnt bury my head in the sand so this approach wouldnt sit comfortable with me, but I just dont know where the land lies now.
I have an SDS and a copy of the client outside CEST from the Jan exercise.
Thanks for taking the time to read, all advice welcomed.
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