Conformation of Arrangement Letter Content

[northernladuk]

WHS. In my experience, clients dont give a rats ass about it and most will crap themselves if asked to sign anything and then it all gets tied up in HR red tape.

Also, even though its in the contract, they may get scared with mention of the sub, wfh idea. A lot of managers are clueless and just think of contractors as another team member just a bit different.

You use a lot of aggressive words about the clients. You think there is a certain lack of understanding of how they work leading you to fire shots off rather than think about other more plausible and reasonable reasons?

[psychocandy]

It may also be useful to read this page which contains a link to a lot more material on these letters. However, be aware that they are basically looking to confirm or clarify what's in the contract (which is why many clients won't sign them), and it's only the contract that HMRC will be looking at; if they need any clarification they will ask the client.

WHS. In my experience, clients dont give a rats ass about it and most will crap themselves if asked to sign anything and then it all gets tied up in HR red tape.

Also, even though its in the contract, they may get scared with mention of the sub, wfh idea. A lot of managers are clueless and just think of contractors as another team member just a bit different.

[The Spartan]

I can see that for some clients there would be no problem in obtaining a signed CoA letter but others I'm not so sure, has anyone managed to obtain a CoA for every contract they've worked?

[Qdos Contractor]

Thanks for pointing out the broken link - will fix.

We added a 'letter' version of the CoA form due to the difficulty people have getting end clients to sign it. We thought a large, tick-box form was more likely to be rejected than a basic letter on the contractor's letterhead.

Interesting to know what you think about it.

[malvolio]

It may also be useful to read this page which contains a link to a lot more material on these letters. However, be aware that they are basically looking to confirm or clarify what's in the contract (which is why many clients won't sign them), and it's only the contract that HMRC will be looking at; if they need any clarification they will ask the client.

[northernladuk]

Found another link on QDOS site that does work and it's nothing like the one I have. Very strange.

Resources - IR35 Hub

[northernladuk]

Ah I have found my copy. There are 20 points on it and in most cases all that is required is a tick in the yes box and the signing at the bottom.

It covers elements such as...

RoS
Location
Working hours
D&C
Equipment
Procedures that apply to clients own workforce
Rectification of faults

and many many more.

I can't paste it all as it's a locked document so I guess you will have to ring QDOS and tell them the link is broken.

[northernladuk]

I thought the QDOS format was a tick box thing? They have a template on their site don't they? That's all that is needed as long as it is signed. Don't put words where there doesn't need to be any.

Are you using the template from this page? (It isn't working for me though) so can't check if its words or tick boxes.

http://shop.qdosconsulting.com/freel...f-arrangements

EDIT. I just read your post fully and it's in a completely different format to the one I have and have to say I am surprised. The template does cover all the bases but it just looks... I dunno, a bit micky mouse. Will have a read of it later. The first paragraph alone looks like an agreement to run a sham and lets get our story straight rather than a business document. Strange.

[Geekman]

Hi SueEllen,

I am trying to have one so I can use it as a defence in case HMRC were to open an IR35 investigation against me. I heard such a letter is very useful to potentially shut the investigation much sooner.

[SueEllen]

Why do you need one?

[Geekman]

Dear all,

I am attempting to get confirmation of working arrangement letter signed by my client. Based on the Qdos format, I have come up with the following letter (a bit low profile and soft tone to increase my chances of getting the letter singed by the clinet). Can you please see if the content looks ok and is there anything I can add to make it more effective. Few questions:

1> To keep it simple I haven't mentioned my recruitment agent's name and only once metioned (where required) the intermidiate consultancy. Is that ok?

2> I have not mentioned any end date of the services as I am on a rolling 3 months contract so want the letter to be applicable to my whole duration with the clinet. Is that ok?

3> The paragraph in bold (which says its a project based contract through the intermidiate consultancy), does that sound ok (wording etc)?

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<My company> has been providing services to you since 9-Sep-2013. As a limited company contractor it is important that I am not treated in the same way as employees, I would therefore like to set out the basis upon which my company undertakes the work as follows:

<My company> has been engaged to provide Business Intelligence architect/Project Manager IT services, starting from 9-Sep-2013

My company is paid on a daily rate of pay for services provided. Payment is made only when services have been provided and no payment is made for any periods during which work has not been undertaken.

Although I, as director of my limited company will initially undertake the work, if required, a suitably skilled substitute may continue to provide services.

Generally the services will be provided from the client’s site for security reasons however I can provide the services from my own business premises if needed.

Once the services have been completed, I do not expect any further offers of work from the client and if any additional work was offered my company would be under no obligation to accept it. During the contract, my company has an unconditional right to terminate the contract by giving 28 days of notice

<My company> has been engaged to provide services through <intermediate consultancy> on a project basis and if required to undertake work outside the scope of the contract, would need to provide an additional quote and agree separate terms for the provision of such services.

<My company> is required to carry Professional Indemnity and Employer’s and Public Liability Insurance. <My company> would rectify any faulty work at its own cost and in its own time

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