Reply to: IR35 contract review - quick turnaround?

[GigiBronz]

Oh, I'm sure it will. It was just the initial ignorance of any IR35 issues until they were pushed - at which point it was "in the USA with their lawyers"..

EDIT: As regards the Agent: completely silent on the matter, even though I stated quite clearly at the start of the process - in writing - that I would only consider it if it was clearly outside of IR35 (and I even put the whole line in CAPITALS!) I guess reading isn't one of their primary skills..

When he pulls the offer(most likely if you don't accept it as it is), make sure that you get in touch with one of the managers via linkedin or someone you know in the company and show them the discussion.
The agent&agency should be getting a slap on wrist at least. Although it is still business as usual...

[Cirrus]

Because, we assume, he hasn't has his determination yet.

Ah right. You learn something every day. I never knew when you got QDOS to review your contract that your client immediately provided a matching determination.

Clever though.

Why don't more people do that?

[Mabs J The Chaffinch]

Yes I did get an email from qudos warning of this. Same thing happened two years ago during rollout of the public sector changes.

[northernladuk]

I'm glad you asked that question.

Surely if the client is responsible for any PAYE penalty it doesn't matter what QDOS think? And if the client suddenly decides they want inside IR35, QDOS's comments are of no consequence whatsoever?

Read the reply above your post.

[bownyboy]

I’ve been told it’s outside. New six month gig.

They are a small consultancy that work closely with contractors to ensure the contract and working practices align with being outside.

Reason I want a quick turnaround is to get it confirmed and give notice at current gig ASAP as they blanket determined all contractors inside just before Christmas.

After speaking to my accountant they put me onto Larson Howie who do 1 day turnaround.

Thanks everyone and good luck!


Sent from my iPhone using Contractor UK Forum

[Cirrus]

I am confused - why are people getting reviews if the liability and decision is with the client ?

I'm glad you asked that question.

Surely if the client is responsible for any PAYE penalty it doesn't matter what QDOS think? And if the client suddenly decides they want inside IR35, QDOS's comments are of no consequence whatsoever?

[northernladuk]

I am confused - why are people getting reviews if the liability and decision is with the client ?

Because, we assume, he hasn't has his determination yet. Read a couple of the replies

[dx4100]

I am confused - why are people getting reviews if the liability and decision is with the client ?

[DevUK]

It's isn't necessary at determination time but it has to be a different contract for the new work. Remember his contract is with his LTD which will no longer exist. It will be with his brolly or whatever entity pays him.

Got think about the whole process and parties involved, not guess at the situation. If you understand who your contracts are between it will be pretty obvious it has to change.

Got ya

[northernladuk]

I don't think that's correct, I may be mistaken? My understanding was that a contract change was not necessary for a change in status determination. You may determine it outside now, the client may determine the same contract inside when the liability shifts.

It's isn't necessary at determination time but it has to be a different contract for the new work. Remember his contract is with his LTD which will no longer exist. It will be with his brolly or whatever entity pays him.

Got think about the whole process and parties involved, not guess at the situation. If you understand who your contracts are between it will be pretty obvious it has to change.

[northernladuk]

Not sure about that.

If you sign a contract that has your LTD being paid the full day rate + VAT, it would need a contract change as part of putting you inside. You can then decline the new offer....

IANAL

Correct but does he want to be two weeks in to the gig and find out it's inside and he can't do it. More about the logistics than contracts.

[Lance]

I don't think that's correct, I may be mistaken? My understanding was that a contract change was not necessary for a change in status determination. You may determine it outside now, the client may determine the same contract inside when the liability shifts.

The determination change is outwith the bounds of the contract.
For the fee payer to comply with the determination change they need to change the contract.
They are separate but also linked.

[DevUK]

Not sure about that.

If you sign a contract that has your LTD being paid the full day rate + VAT, it would need a contract change as part of putting you inside. You can then decline the new offer....

IANAL

I don't think that's correct, I may be mistaken? My understanding was that a contract change was not necessary for a change in status determination. You may determine it outside now, the client may determine the same contract inside when the liability shifts.

[Lance]

What has the client determined this contract to be? Signing contracts without a determination at this stage could be the start of a right mess IMO.

Not sure about that.

If you sign a contract that has your LTD being paid the full day rate + VAT, it would need a contract change as part of putting you inside. You can then decline the new offer....

IANAL

[nomadd]

Well, it might go - to someone who doesn't care about such things.

I'm sure you've had the line from agents, "we've got tons of contractors at that client and none of them have queried the contract"

Oh, I'm sure it will. It was just the initial ignorance of any IR35 issues until they were pushed - at which point it was "in the USA with their lawyers"..

EDIT: As regards the Agent: completely silent on the matter, even though I stated quite clearly at the start of the process - in writing - that I would only consider it if it was clearly outside of IR35 (and I even put the whole line in CAPITALS!) I guess reading isn't one of their primary skills..