Opt in or out?

[SueEllen]

Guys and Gals, every single question you have asked about opt in and opt out has come up before including when the client forces you to use an agency. (You should really all use the search button as there are very long detailed discussions about it.)

Also opt-in is actually beneficial to you and makes absolutely no difference to your IR35 status. The only difficultly you may have is the agency may refuse to give you an IR35 compliant contract if you don't however if you have already been introduced to the client then it's not relevant.

Also contract review has come up before.

BTW If you click on "directory" under "contractor services" and then click on "Legal and IR35 Advisory services" there is a list of names. You can then use the search button to see what people say about the companies mentioned there.

[diesel]

I use Abbey Tax to review my contract. They may or may not be the best, but they are one of a few that review contracts.

Thanks just sent them an email to check how much they charge.

[pmeswani]

hmm i always opted out, being on advice it makes little difference to my company running. as long as i get paid weekly and have a notice period stated in my schedule in addition.

Now i have been in discussion including 2 interviews with a new client for 3 months. They say an offer is due soon and only use 1 agent to sort out contracts. Does that mean i can only Opt In now by default?

Also where is best place to get contracts checked out beforehand?

I use Abbey Tax to review my contract. They may or may not be the best, but they are one of a few that review contracts.

[diesel]

hmm i always opted out, being on advice it makes little difference to my company running. as long as i get paid weekly and have a notice period stated in my schedule in addition.

Now i have been in discussion including 2 interviews with a new client for 3 months. They say an offer is due soon and only use 1 agent to sort out contracts. Does that mean i can only Opt In now by default?

Also where is best place to get contracts checked out beforehand?

[MaryPoppins]

PCG guidelines around the agency regulations state:

PCG's view is that the choice of opting in/out of the agency regulations is unlikely to make a major difference to employment status for the purposes of IR35. It is likely that a court may view opting out of the regulations as a minor pointer away from employment but it is unlikely that remaining within the agency regulations would form an indicator to employment as "contracts for services" (self employment) are mentioned in the text of the regulations.

Certain clauses that are helpful to IR35 are, however, not allowed if you remain within the Agency Regulations.

e.g., they prevent you from being responsible for your work (and fixing errors in your own time) which is a good indicator that the contract is a business to business contract and therefore outside IR35.

The PCG recommend opting out before attending an interview, then making a decision regarding opting in, once more is known.

It is legal for an agency to amend the contract should you choose to opt in (i.e. to make it less IR35 friendly, for example). On a positive note, you may also use the offer to opt out as a bargaining tool to negotiate better contract terms.

I sometimes opt out, I sometimes opt in. It depends. Different for everyone.

[lxt04]

I'm about to sign a new contract (my 2nd) for a new role and I have the choice to opt in or out. I'm guessing opt out, any advice please?

WTS, don't opt out. You gain nothing.

Plus, if you're about to sign the opt-out having won the contract, you may have already interviewed or met with the client - in which case, you can't opt-out at all (you can sign it, but it will be invalid).

You can only opt-out of the regulations before you are introduced to the client.

[TheFaQQer]

<Malvolio>
Opt out - always opt out. The opt in was designed for poorly-paid temps, and unless you are one, then you should opt out
</Malvolio>

No idea why - I disagree with it, and always opt in.

[Wanderer]

Don't opt out, there is NO reason to do so. It has NO bearing on IR35 either.

Agencies just want you to opt out because you lose some of the safeguards under law, specifically they don't have to pay you unless you have a signed timesheet and they can enforce long tie-in clauses in contracts.

However, it does mean that they have to take up references, verify your identity and check your qualifications which may be a PITA for the contractor if the agency can actually be bothered to do any of that.

[chris79]

Cheers guys!

[malvolio]

Only available to members by the looks of it.

Thanks for the heads up though.

I know. You mean you're not a PCG member? Tsk, tsk, tsk...

[Ardesco]

Try these threads then:

http://forums.contractoruk.com/busin...y-opt-out.html

http://forums.contractoruk.com/busin...st-me-gig.html

http://forums.contractoruk.com/busin...all-about.html

http://forums.contractoruk.com/busin...t-opt-out.html

http://forums.contractoruk.com/busin...out-again.html

Can't be bothered to type out all that info again

[chris79]

Only available to members by the looks of it.

Thanks for the heads up though.

[malvolio]

All you need to know is right here...

http://www.pcg.org.uk/cms/index.php?...+this+document.

FWIW it has no direct effect on IR35 at all. But do you want a reasonable certainty of payment and limited handcuff terms: if you do, the contract you get may be less than IR35 friendly...

[chris79]

Ok I should really know what this means but the truth is I don't, and I can't search it either as the key words are too short.

I'm about to sign a new contract (my 2nd) for a new role and I have the choice to opt in or out. I'm guessing opt out, any advice please? (I'm limited company doing my best to operate OUTSIDE IR35).

Cheers!