Contract Review IR35 Fail.. What now?

[TheFaQQer]

How long are they to backdate though? last contract? Last ClientCo? Since Incorporation?

IR35 is on a contract-by-contract basis.

So as long as you've been with this client would be the starting point. That doesn't mean that they won't then look at all your previous contracts, but that would be a separate investigation.

If you are an IPSE member, then they will help fight your case if you are investigated, but wouldn't cover any penalties that you would have to pay. Whether in a case where you have reviewed the contract and been advised that it's inside they would fight it or tell you to pay up, I don't know - but my gut feeling is that they would still help you fight it, since IR35 is on the basis of actual working practices rather than the paperwork.

If you aren't an IPSE member, then sign up now (use member referral code IPSEMGM0005 ) regardless of your IR35 status - it will cost over £1000 to get the benefits that they offer on the open market, plus you'll be in time to vote in the council elections which open for voting next week (hint: vote for the best few candidates there )

[rl4engc]

Put the money to one side that you may have to pay if ever investigated and carry on invoicing.

Shred the contract review

How long are they to backdate though? last contract? Last ClientCo? Since Incorporation?

[Jubber]

Put the money to one side that you may have to pay if ever investigated and carry on invoicing.

Shred the contract review

[rl4engc]

Hi All

I've worked as a Ltd Company contractor for 7 years, and have worked for a large IT outfit via two agencies for the last 2.5 years (IT Client Co -> "Solution Provider" -> Agency -> Me).

Recently I've been extended for a further six months, which coincided with my Insurance Renewal, and the free contract review. I sent the contract wording off (between My Ltd. Co and Agency) for review and it came back a fail for IR35, the main point was that the contract kept referring to me as an "Agency Worker", and mentioning "Agency Worker Regulations". Contract review said contract should be between the agency and my Limited Company as an entity in it's own right, which is not under direct control.

I've not raised this with the Agency yet as at the time it was the start of the new contract, they were asking for signed paperwork back and delaying payments so I didn't want to upset the apple cart.

Without knowing what the other contractors at ClientCo have in their contracts (I know some are with a different agency) what's my best course of action?

1) Raise it with Agency
2) Raise with "Solution Provider"
3) Do nothing?

Any thoughts? As my agency employs several contractors for ClientCo, I'm assuming they're all on the standard contract, but as it stands it's not IR35 friendly.