Reply to: New accountant, IR35

[northernladuk]

Ya I read http://www.hmrc.gov.uk/ir35/guidance.pdf and many like it. Seems pretty obvious now, I would say IR35 most certainly does NOT apply to me, as I choose when and where I work by agreement (on the next contract, and all others). I guess I'm more consultancy business than contractor. Although if i was careless when drawing up contracts (taking the bog standard agency one) that could leave me at risk.

Still a best practice guide would help, especially when drawing up the contracts so theres no misunderstandings. I see that the contract wording very much DOES matter.

IR35 always applies. It is whether you are inside or outside. At least try to use the correct terminology.

[LisaContractorUmbrella]

Ya I read http://www.hmrc.gov.uk/ir35/guidance.pdf and many like it. Seems pretty obvious now, I would say IR35 most certainly does NOT apply to me, as I choose when and where I work by agreement (on the next contract, and all others). I guess I'm more consultancy business than contractor. Although if i was careless when drawing up contracts (taking the bog standard agency one) that could leave me at risk.

Still a best practice guide would help, especially when drawing up the contracts so theres no misunderstandings. I see that the contract wording very much DOES matter.

The thing that matters most is the way that you conduct your business. Why do you think that coming to an agreement with a client/agency about where you work puts you outside IR35?

[SueEllen]

Ya I read http://www.hmrc.gov.uk/ir35/guidance.pdf and many like it. Seems pretty obvious now, I would say IR35 most certainly does NOT apply to me, as I choose when and where I work by agreement (on the next contract, and all others). I guess I'm more consultancy business than contractor.

Nah you are a contractor.

Although if i was careless when drawing up contracts (taking the bog standard agency one) that could leave me at risk.

Not necessarily - different agencies have different contracts.

Some are IR35 compliant others are a pile of sh*t.

Also it depends on your working practises. Very few agencies actually know what work you are doing and where you work.

Still a best practice guide would help, especially when drawing up the contracts so theres no misunderstandings. I see that the contract wording very much DOES matter.

I don't think a best practise guide would be helpful to you as you still don't understand basic things.

[CodeCobbler]

Good luck with that......

There is no problem with either of the things you want to change to be honest. Much more to think about first. Read the guides a bit and search the IR35 topics on here. Many examples of what you need to do.

Ya I read http://www.hmrc.gov.uk/ir35/guidance.pdf and many like it. Seems pretty obvious now, I would say IR35 most certainly does NOT apply to me, as I choose when and where I work by agreement (on the next contract, and all others). I guess I'm more consultancy business than contractor. Although if i was careless when drawing up contracts (taking the bog standard agency one) that could leave me at risk.

Still a best practice guide would help, especially when drawing up the contracts so theres no misunderstandings. I see that the contract wording very much DOES matter.

[northernladuk]

Well what do I do? Just write this one off as in IR35?

For the next block of work that needs doing with these guys (and any others) I am going to be charging per objective/block of work, not per day. My status will also be changed from "contractor" to "Trusted consultant".

Good luck with that......

There is no problem with either of the things you want to change to be honest. Much more to think about first. Read the guides a bit and search the IR35 topics on here. Many examples of what you need to do.

[CodeCobbler]

Personally I wouldn't. I can sleep better in ignorance of something I can do nothing about than knowing & worrying about something I can do nothing about... Just don't do it again.

Well what do I do? Just write this one off as in IR35?

For the next block of work that needs doing with these guys (and any others) I am going to be charging per objective/block of work, not per day. My status will also be changed from "contractor" to "Trusted consultant".

[northernladuk]

So say you do a review of this contract I am finishing. Is your IR35 Contract Assessment Bundle appropriate?

Personally I wouldn't. I can sleep better in ignorance of something I can do nothing about than knowing & worrying about something I can do nothing about... Just don't do it again.

[northernladuk]

You're probably right NLUK - it's just a bit worrying how little knowledge people have - we even had a consultant at a recruitment company telling us that they'd 'opted-out' of IR35

To be fair if they spelt opted, out and IR all right it puts him head and shoulders above many in his line of work.

[CodeCobbler]

Thanks this seems like a good starting point.

[Qdos Contractor]

Oh I see, sorry (I thought you were suggesting ending the contract early for some reason).

Technically contracts can be retrospectively amended, although if you've finished it I imagine it'll be virtually impossible to get the agency to re-sign.

The assessment bundle will give you a pass/fail opinion on the written contract (plus a list of changes if necessary). I would also get your working practices checked - we'll do that for no extra cost and you'd just need to complete a questionnaire.

[CodeCobbler]

For what reason?

So say you do a review of this contract I am finishing. Is your IR35 Contract Assessment Bundle appropriate?

[Qdos Contractor]

QDos, what would you advise? Just finishing this contract tomorrow.

For what reason?

[CodeCobbler]

"Apologies - I just found the price £99! I am guessing you are recommending QDOS?

Is it worth reviewing a contract retrospectively? I have already completed the contract. The agent indicated that they try to draw up their contracts IR35 friendly when I signed it.
Reply With"


You did

Reviewing, not changing!

[CodeCobbler]

In fairness a lot of end clients, particularly larger organisations, are often hesitant to sign a Confirmation of Arrangements. I think it's because they don't really understand what purpose of the document is.

In reality it's beneficial to both the contractor and the client. It's not a legally binding document and would only be used in the event of an IR35 enquiry.

For any of our clients who want to put it in place, we'll be happy to contact the end client directly to explain what it's all about.

Ya now your talking sense. People are largely scared to death of putting their name against anything and signing it (I have even had people refusing to even sign my passport photo). I am after a practical IR35 solution.

QDos, what would you advise? Just finishing this contract tomorrow.

[LisaContractorUmbrella]

Who said anything about changing a contract after the end? - Especially if it has little impact on the IR35.

"Apologies - I just found the price £99! I am guessing you are recommending QDOS?

Is it worth reviewing a contract retrospectively? I have already completed the contract. The agent indicated that they try to draw up their contracts IR35 friendly when I signed it.
Reply With"


You did