Still worth getting an IR35 review done by QDOS?

[Dark Black]

I've just had a full IR35 + commercial terms review with The Law Place.

Quick turnaround and a comprehensive report. They can also redraft contracts (at additional cost), if required.

I would use them again.

To answer the OPs original question, I would always get a review done, especially if the contract has one of those tax liability clauses that pushes the liability back to the contractor (as per https://forums.contractoruk.com/business-contracts/134799-contract-indemnity-clauses-ir35.html ).

[ladymuck]

I used to use Bauer and Cottrell for IR35 reviews. Not sure if they do full contract reviews or what they're like now. They were good when I last used them.

[Lance]

Thats just a in/out isn’t it without feedback?

I hope I’ve been paying for them all this time for a reason

when I have had them done they've had some feedback. Not much. I'm not sure what a paid one would provide that's extra. I just used the free one for peace of mind. I have IPSE+ to cover my arse in the event of being investigated.

[PerfectStorm]

doesn't your PI insurer offer a free IR35 review? QDOS do.

Thats just a in/out isn’t it without feedback?

I hope I’ve been paying for them all this time for a reason

[northernladuk]

Bit Ironic that its the firm with Tax in their name that does the best review

Bit like you need to avoid any company that has the word Quality, Premier or similar in their name. They never are. Premier Inn and Quality Hotels are perfect examples. If anyone has the misfortune of knowing the Quality Hotel in Coventry they really need taking to the Trade Descriptions people.

[PerfectStorm]

Bit Ironic that its the firm with Tax in their name that does the best review

No irony here, outside of IR35 arrangements pay a lot of tax that has to be properly calculated...

[eek]

Markel Tax is probably the best of the bunch for a proper review.

Bit Ironic that its the firm with Tax in their name that does the best review

[malvolio]

You could go for one of the ones that do a full contract terms check, not just IR35. That way you've got the contract properly checked and a tick in the IR35 box whatever the answer to do you need it or not is. I can't remember the sites that do the proper checks sorry.

Markel Tax is probably the best of the bunch for a proper review.

[northernladuk]

You could go for one of the ones that do a full contract terms check, not just IR35. That way you've got the contract properly checked and a tick in the IR35 box whatever the answer to do you need it or not is. I can't remember the sites that do the proper checks sorry.

[b0redom]

I don't currently have PI as I'm insider IR35. I'll get it as a requirement of the outside gig, but until then it's a bit of a circular thing.

[Lance]

doesn't your PI insurer offer a free IR35 review? QDOS do.

[b0redom]

Didn't see anything there, but I intend to go through it properly with a fine tooth comb. I always do that anyway, but usually do a belt and braces check with QDOS/B&C - seems like that might be a waste of money now though.

[Fred Bloggs]

Checked for one of these insidious clauses that attempts to place IR35 compliance liability back on the contractor?

Personally, I doubt one would ever hold up in court but better to not have that concern hanging over you.

[b0redom]

Hi Folks,
After quite some time inside IR35, I've been offered a new contract which has been defined (by the agency) as outside IR35. I've read through the contract and it specifically mentions I can take on other clients, there's no implied or overt D&C and the client will not seek to change that, I am able to send in a sub, there is no MoO from either side, and it even specifies deliverables. I'm pretty sure it's good from a contractual perspective.

Before the whole IR35 mess I would get B&C or QDOS to review it. Is there any point in still doing this?

The chain goes:

My Ltd -> Agency -> Client -> Customer of client

Client is a consulting company with many staff. ie not a small company, so I believe liability rests with them and/or the agency if HMRC come knocking.

Cheers...

b0redom