IR35 Review Results Inconsistent

[WarriorQueen]

I had a similar experience a while ago, which I followed up with the reviewer. The explanation given was that even though the RoS wording was identical the outcome of the review differed because in the period between the reviews (about 12 months) they had received more guidance from HMRC about the need for a strong RoS clause. They felt that therefore it would be prudent to change the contract wording accordingly. (Obviously working practices would prevail but nonetheless...).

Makes sense.

Yes it does, thanks.

[aoxomoxoa]

I had a similar experience a while ago, which I followed up with the reviewer. The explanation given was that even though the RoS wording was identical the outcome of the review differed because in the period between the reviews (about 12 months) they had received more guidance from HMRC about the need for a strong RoS clause. They felt that therefore it would be prudent to change the contract wording accordingly. (Obviously working practices would prevail but nonetheless...).

Makes sense.

[WarriorQueen]

You say essentially... A single word or two in you RoS can be the difference between a pass and a fail. If that word indicates they have the right to refuse unconditionally it will fail.

Thanks, I will double check it against that meaning.

You have to be very careful, what looks similar to thenuntrained eye is completely different to a the pros.

Yep, agreed. I'm used to the language as I spent years checking hardware / software / service contracts worth twenty times more than these, but it's different when it's my money and HMRC rules are involved.

[northernladuk]

You say essentially... A single word or two in you RoS can be the difference between a pass and a fail. If that word indicates they have the right to refuse unconditionally it will fail.
You have to be very careful, what looks similar to thenuntrained eye is completely different to a the pros.

[WarriorQueen]

Which company?.. the review service? Yes, I would.



The point is you are paying for a service. You are entitled to understand the rationale behind the answers given.

There are plausible explanations that do not involve worms.

However you are ultimately responsible and ignorance is no excuse so open the can and see.

Yes, the review service. Thanks.

[Contreras]

I don't understand why this was failed.

My question is would you go back to the company and query this?

Which company?.. the review service? Yes, I would.

Is it pointless? Might it open a can of worms?

The point is you are paying for a service. You are entitled to understand the rationale behind the answers given.

There are plausible explanations that do not involve worms.

However you are ultimately responsible and ignorance is no excuse so open the can and see.

[WarriorQueen]

I'm a relative newbie and I have just been offered my third contract. I have used the same company to perform IR35 reviews on all three contracts. The latest one has failed on (1) RoS wording and (2) the use of sub-contractors (the agency will not allow it). When I checked the wording for RoS on the earlier contracts it was essentially the same so I don't understand why this was failed.

My question is would you go back to the company and query this? Is it pointless? Might it open a can of worms?