Separately as this is to the OP
Why do you think you need a IR35 contract review? Given that we are now post April 2021 unless this is a small client (for which you can insist on proof from your agency) the actual status should be being determined by the end client and passed to you by the end client / agency.
Given the above I wouldn't be concerned about IR35 - I would be far more concerned with the contract as a whole...
- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
Collapse
You are not logged in or you do not have permission to access this page. This could be due to one of several reasons:
- You are not logged in. If you are already registered, fill in the form below to log in, or follow the "Sign Up" link to register a new account.
- You may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
- If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.
Logging in...
Previously on "Can you recommend a legal firm that does IR35 contract review?"
Collapse
-
Originally posted by malvolio View PostThere's also Markle Tax, who know a thing or two about contracts. They will look at the whole supply chain, rather than just the taxation stuff. Discounts for IPSE members
However, as has been said, you will only ever get an opinion from any qualified authority, with the possible exception of something that is blatantly illegal. At the end of the day, it is always your responsibility.
What an expert's opinion will do is tell you where the risks are and how likely, substantial and serious the risks are and what the impact may be.
After that the decision is yours but your decision is now an informed decision. And were reasonable care required (as it was in IR35 cases) you can demonstrate that you took reasonable care.
Also Markle won't be looking at the whole supply chain - how can / do they see the agreement between the agency and the agency's client / end client? Especially if there are multiple parties involved. What they will do is read the contract alongside hypothetical contracts elsewhere in the chain based on their experience and what is in the contract.Last edited by eek; 25 April 2021, 07:40.
Leave a comment:
-
If you think either HMRC or a court will pay attention to your IR35 contract review when forming an opinion about the hypothetical contract, you are mistaken. A contract review is almost entirely for your own benefit and, secondarily, to show that you took reasonable care (in the unfortunate event that you’re found to be inside), which will help you avoid penalties. Also, as noted above, to identify commercial risk, which is far more important than IR35. By definition, an IR35 review is an opinion.
Leave a comment:
-
No lawyer will ever give anything but their opinion. A lot of law is based on precedent, which is effectively a judge's or jury's opinion.
Leave a comment:
-
There's also Markle Tax, who know a thing or two about contracts. They will look at the whole supply chain, rather than just the taxation stuff. Discounts for IPSE members
However, as has been said, you will only ever get an opinion from any qualified authority, with the possible exception of something that is blatantly illegal. At the end of the day, it is always your responsibility.
Leave a comment:
-
Originally posted by redpill View PostI know QDOS and Kingsbridge etc will review your contracts but their wording concerns me in that it states "we will give out expert opinion", that's not legal fact, that's "opinion" If HMRC investigate you, you want something to show due diligence and a legal report to show the contract is fine. Paying for an agency to give their opinion on your contract is like asking Dave in the pub because when it goes to court it will have possibly little legal standing. I know Larsen Howie used to do reviews but they got bought out by Kingsbridge and Kingsbridge website is ambiguous.
Can you recommend any legal firm that will review the contract?
Leave a comment:
-
Can you recommend a legal firm that does IR35 contract review?
I know QDOS and Kingsbridge etc will review your contracts but their wording concerns me in that it states "we will give out expert opinion", that's not legal fact, that's "opinion" If HMRC investigate you, you want something to show due diligence and a legal report to show the contract is fine. Paying for an agency to give their opinion on your contract is like asking Dave in the pub because when it goes to court it will have possibly little legal standing. I know Larsen Howie used to do reviews but they got bought out by Kingsbridge and Kingsbridge website is ambiguous.
Can you recommend any legal firm that will review the contract?Tags: None
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- Andrew Griffith MP says Tories would reform IR35 Oct 7 00:41
- New umbrella company JSL rules: a 2026 guide for contractors Oct 5 22:50
- Top 5 contractor compliance challenges, as 2025-26 nears Oct 3 08:53
- Joint and Several Liability ‘won’t retire HMRC's naughty list’ Oct 2 05:28
- What contractors can take from the Industria Umbrella Ltd case Sep 30 23:05
- Is ‘Open To Work’ on LinkedIn due an IR35 dropdown menu? Sep 30 05:57
- IR35: Control — updated for 2025-26 Sep 28 21:28
- Can a WhatsApp message really be a contract? Sep 25 20:17
- Can a WhatsApp message really be a contract? Sep 25 08:17
- ‘Subdued’ IT contractor jobs market took third tumble in a row in August Sep 25 08:07
Leave a comment: