Reply to: Two roles, same client.

[northernladuk]

Congrats anyways on the work, good to hear about people doing well in the market!

Thanks, wouldn't go quite as far as that but it is a rare chance to get it right by IR35 properly so want to make the most of it hence the pedantry.

[Kelstar]

Certainly the projects I worked on, and managed.

It was part of the risk management, very strict in fact, and you would be put on disciplinary if you didn't follow the rules. Although I guess it depends on your definition of "work". For me, for instance, if I was providing consultancy services, be it advice, a report or a resource(s) to project A, and project B requested further work, same client, same legal entity etc... A new engagement letter would be drawn up, covering project B. NEVER would project A engagement letter be extended. That was working for one of the Big 4's. Perhaps a restriction in place for their PI or something...??

Like I say, probably pedantic, and in truth, project B engagement letter, in reality would be a "saved as" version of project A's engagement letter and then a few changes made.

Congrats anyways on the work, good to hear about people doing well in the market!

[NotAllThere]

If you have two contracts, there's potential for double billing...

[northernladuk]

If you look at the PCG Direct contract, it has a master agreement setting out the broad terms defining how the two parties will work together, and it has a schedule that adds more specific info for each assignment and can override terms in the master agreement if necessary. The schedule is not just a SOW it is more than that, but it does include a SOW.

I used this with a different Schedule for each extension for a client of mine, but it would be equally valid to have two schedules running concurrently I think.

I reckon it would be IR35 positive to have two separate schedules. I don't think you need two contracts, just a broad single one.

As the client is so flexible I was hoping to do something exactly like this so will have a look thanks. I am sure the larger consultancies don't have a contract for every single piece of work they have on site so was trying to emulate that even though NAT's idea is probably simpler and just as good at our level.

[Hex]

If you look at the PCG Direct contract, it has a master agreement setting out the broad terms defining how the two parties will work together, and it has a schedule that adds more specific info for each assignment and can override terms in the master agreement if necessary. The schedule is not just a SOW it is more than that, but it does include a SOW.

I used this with a different Schedule for each extension for a client of mine, but it would be equally valid to have two schedules running concurrently I think.

I reckon it would be IR35 positive to have two separate schedules. I don't think you need two contracts, just a broad single one.

[NotAllThere]

I have three entirely seperate contracts at the moment, with three different parts of the same company. So my advice would be - seperate contracts.

[Kelstar]

Genuinely not taking the mick but have you spoke to a IR35 lawyer? Probably best.

My 2 cents, I would be inclined to have 2 distinct contracts. Thinking back to my Big 4 days, regardless of the size or scale of the client and the number of distinct project, individual engagement letters (contracts) were always drawn up. When in doubt I usually default to "what would I have done at" position.

Worth noting I come from a risk background and just chewed my agents ear off for getting the client address wrong in my notice of assignment, I like all the i's dotted and t's crossed.... pedantic, perhaps...

[eek]

Have you thought about using cuk's personalised advice service.

Just click here ask your question and cuk's resident expert will provide you with an answer.

[Ketchup]

Have you tried using the search function or google?

[louie]

I have the opportunity of taking a new gig and also doing some call off consultancy in a totally different area of the client. I was hoping to have a single generic contract between our businesses but have a SoW for each role inc deliverables. Would it be better to be pedantic and have a seperate contract from each so HMRC cannot deny there are two distinct parallel pieces of work? I thought two SoW would have covered that? I am coming from an IR35 angle here. Client doesn't seem to mind what I do contract wise so good opportunity to do it properly. Am direct btw.

And the important points...
I haven't had parallel contracts so I am not cut out at the moment
I did ask my accountant
Have read guides to right
Have done a search
I am indeed a disgrace to contracting

Try using the search box or even google, you clearly are not cut out for contracting.

HTH

[JamJarST]

The OP is clearly a sockie!!!

[Antman]

I have the opportunity of taking a new gig and also doing some call off consultancy in a totally different area of the client. I was hoping to have a single generic contract between our businesses but have a SoW for each role inc deliverables. Would it be better to be pedantic and have a seperate contract from each so HMRC cannot deny there are two distinct parallel pieces of work? I thought two SoW would have covered that? I am coming from an IR35 angle here. Client doesn't seem to mind what I do contract wise so good opportunity to do it properly. Am direct btw.

And the important points...
I haven't had parallel contracts so I am not cut out at the moment
I did ask my accountant
Have read guides to right
Have done a search
I am indeed a disgrace to contracting

Newby alert!

[Contreras]

I have the opportunity of taking a new gig and also doing some call off consultancy in a totally different area of the client. I was hoping to have a single generic contract between our businesses but have a SoW for each role inc deliverables. Would it be better to be pedantic and have a seperate contract from each so HMRC cannot deny there are two distinct parallel pieces of work? I thought two SoW would have covered that? I am coming from an IR35 angle here. Client doesn't seem to mind what I do contract wise so good opportunity to do it properly. Am direct btw.

And the important points...
I haven't had parallel contracts so I am not cut out at the moment
I did ask my accountant
Have read guides to right
Have done a search
I am indeed a disgrace to contracting

Who are you?

And what have you done with NLUK?!

[jamesbrown]

Having two separate SoW sounds fine. The main thing is to have the deliverables agreed upfront, whether that's in two separate contracts or two SoW. The number of projects or agreement of deliverables isn't part of D&C (as opposed to being generally available to do things as they come up, whether on one project or multiple projects). You're going to get the contract reviewed anyway, I'm sure.

[SimonMac]

I have the opportunity of taking a new gig and also doing some call off consultancy in a totally different area of the client. I was hoping to have a single generic contract between our businesses but have a SoW for each role inc deliverables. Would it be better to be pedantic and have a seperate contract from each so HMRC cannot deny there are two distinct parallel pieces of work? I thought two SoW would have covered that? I am coming from an IR35 angle here. Client doesn't seem to mind what I do contract wise so good opportunity to do it properly. Am direct btw.

And the important points...
I haven't had parallel contracts so I am not cut out at the moment
I did ask my accountant
Have read guides to right
Have done a search
I am indeed a disgrace to contracting

Have you tried sending NLUK a message, he seems pretty clued up on questions