Reply to: Contract IR35 Review

[WordIsBond]

Can you elaborate on these 3 questions on the WP questionnaire wrt IR35?

- Would your company engage helpers in order to meet a deadline? I'm guessing this should be a yes.
- Can the contractor be moved from task-to-task as priorities of the end client change, without consultation with the contractor? No?
- Is your end client obliged to provide your company with continuous work throughout the period of contract? No again?

How is he supposed to tell you how to answer those? They aren't hard. If you find yourself behind on a deadline, would you engage someone at your own cost to get it done quickly?

Can they move you around to different tasks or not? It's not hard to answer. It's in your contract or implicitly understood, either you are there to do whatever they need you to do, or you are there to do a particular project. How can anyone but you and your client answer that? Do you want QDOS to read someone's mind?

Can they tell you not to come in next Thursday and Friday because they are cutting costs? Can they tell you not to come in ever again? Can they tell you they are closing everything down in July and August for the summer holidays? These are questions only you and/or your client can answer.

[Qdos Contractor]

Can you elaborate on these 3 questions on the WP questionnaire wrt IR35?

- Would your company engage helpers in order to meet a deadline? I'm guessing this should be a yes.
- Can the contractor be moved from task-to-task as priorities of the end client change, without consultation with the contractor? No?
- Is your end client obliged to provide your company with continuous work throughout the period of contract? No again?

They are the answers that point to being outside IR35...but obviously it has to reflect the reality of the situation.

[heyya99]

Yes, just to confirm the IR35 contract reviews and assessments are solely IR35 related.

There is a separate legal contract review on there. We tried running them as one product but it was a bit of an administrative nightmare given the IR35 side is reviewed by a tax expert and the legal by a contract lawyer.

Can you elaborate on these 3 questions on the WP questionnaire wrt IR35?

- Would your company engage helpers in order to meet a deadline? I'm guessing this should be a yes.
- Can the contractor be moved from task-to-task as priorities of the end client change, without consultation with the contractor? No?
- Is your end client obliged to provide your company with continuous work throughout the period of contract? No again?

[Qdos Contractor]

Yes, just to confirm the IR35 contract reviews and assessments are solely IR35 related.

There is a separate legal contract review on there. We tried running them as one product but it was a bit of an administrative nightmare given the IR35 side is reviewed by a tax expert and the legal by a contract lawyer.

[northernladuk]

It was the contract assessment (£49), not the full IR35 contract review (£125) - but both seem to stress that they are only looking from an IR35 perspective.

Bearing in mind the product is called 'Full IR35 Contract Review' I'd it's a bit more than 'seem to stress'

[RonBW]

With Qdos, did you get the contract IR35, or the full contract + WPs review? They have 2 products.

It was the contract assessment (£49), not the full IR35 contract review (£125) - but both seem to stress that they are only looking from an IR35 perspective.

[heyya99]

When I had my contract reviewed by IPSE, they looked in a lot more detail about the whole contract, not just the IR35 clauses. When I had my contracts reviewed by Qdos, the review didn't give me much detail and seemed to be solely focussed on IR35 clauses.

With Qdos, did you get the contract IR35, or the full contract + WPs review? They have 2 products.

[RonBW]

Is there a benefit over going with IPSE over Qdos?

When I had my contract reviewed by IPSE, they looked in a lot more detail about the whole contract, not just the IR35 clauses. When I had my contracts reviewed by Qdos, the review didn't give me much detail and seemed to be solely focussed on IR35 clauses.

[heyya99]

You do it all online with IPSE.

Information page is https://www.ipse.co.uk/advice-support/contract-review and you upload your documents and so forth at https://www.ipse.co.uk/contract-review/service

Is there a benefit over going with IPSE over Qdos?

[RonBW]

I rang IPSE. Got through to a young lady who didn't know very much and was unwilling to pass me onto an expert. She gave me her email address and asked me to email my query.

She says AbbeyTax do the reviews so I'll ring them.

You do it all online with IPSE.

Information page is https://www.ipse.co.uk/advice-support/contract-review and you upload your documents and so forth at https://www.ipse.co.uk/contract-review/service

[heyya99]

I'd make sure the WP match the contract and are outside IR35 from my research in to it.

Isn't the contract and WPs synchronicity not a priority? From what I know, it's the WP that matter. And my issue is before starting, I won't know what WPs my end client will accept. Of course I will demand WPs in compliance with an IR35 pass, but my end client won't care about that.

[northernladuk]

I did. For the full contract and work practices review, I need to fill in a questionnaire. I told the consultant I won't know what the end client will agree to wrt the questionnaire. He said i could fill it in myself when after I start. I said that that won't be great as I'd then want to quit the gig if the WPs deem me inside. He said I can try to get the end client to review my questionnaire in advance but most don't want to.

I'll fill the form in and ask the agent if the client will review it but that's unlikely.

How do you folk handle this catch-22?

I'd make sure the WP match the contract and are outside IR35 from my research in to it.

[heyya99]

Why didn't you ring QDOS?

I did. For the full contract and work practices review, I need to fill in a questionnaire. I told the consultant I won't know what the end client will agree to wrt the questionnaire. He said i could fill it in myself when after I start. I said that that won't be great as I'd then want to quit the gig if the WPs deem me inside. He said I can try to get the end client to review my questionnaire in advance but most don't want to.

I'll fill the form in and ask the agent if the client will review it but that's unlikely.

How do you folk handle this catch-22?

[northernladuk]

Why didn't you ring QDOS?

[heyya99]

Think about using the IPSE review service since you're a member. It looks at the whole thing

I rang IPSE. Got through to a young lady who didn't know very much and was unwilling to pass me onto an expert. She gave me her email address and asked me to email my query.

She says AbbeyTax do the reviews so I'll ring them.