Contract not IR35 friendly IMO

[PhilAtBFCA]

IR35 Status

You need to look at the contract first, the working conditions second and then the overall picture.

It may help you to take a look at either this article or these videos which run through IR35 and deciding on your status.

Of course a professional paid contract review could also help :-) Some of the suppliers of these services will also negotiate on your behalf, but not if they provide accountancy services !

Phil

[Pacciae]

B&C get my vote.

They also negotiate the changes with the agent.

Accountax are the best.They have saved another contractor from the IR

[centurian]

If your working practices were outside IR35 and the contract was in - what do you think the result would be?

In. No doubt about it.

Both the contract and working practices need to be outside.

[Pondlife]

Or Bauer and Cotterill or Accountanx, both of whom are stuffed with ex-Tax Inspectors...

B&C get my vote.

They also negotiate the changes with the agent.

[malvolio]

Qdos are the best to use for advise on contracts and Ir35

Or Bauer and Cotterill or Accountanx, both of whom are stuffed with ex-Tax Inspectors...

[Pacciae]

Yes. QDOS for one. But before you pay, bear in mind what if the agency/client refuse to change the contract? Will you walk?

Qdos are the best to use for advise on contracts and Ir35

[zamzummim]

I used egos, the guy (Roger Sinclair) is very good.

[NotAllThere]

If your working practices were outside IR35 and the contract was in - what do you think the result would be?

[krytonsheep]

Whether your inside IR35 or not, comes down to your working practices (the contract should reflect them). If you think the working practices are inside IR35 and you're not happy with the take home pay, then ask for a rate increase or look for another contract.

[jmo21]

since when did reporting absence and security become IR35 pointers??

Also, surely the liability is a pointer against IR35

[Fred Bloggs]

Should I get this contract reviewed first and if so who with ?

Yes. QDOS for one. But before you pay, bear in mind what if the agency/client refuse to change the contract? Will you walk?

[BiggieBig]

Just received a example of a contact that is used
for a particular company from an agency. The actual contact I will sign will only be issued once I provide my company details.


Anyway the document is huge consisting of several schedules,
the most important schedule "compliance documents specific to companyXX"
IMO is not very IR35 friendly for example:
- No substitution clause
- employee like conditions (reporting absences,security etc etc)
- also it advices that the company has contractor's liability but not the amount(Not sure if that matters)

i've mentioned this to the agency but they just say we can't advice on IR35 issues.

If I need to get any change then I need to request them and exactly what I want.

Should I get this contract reviewed first and if so who with ?