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That's an unexpected post from someone like you Malvolio...you appear to be claiming that IR35 couldn't be any more black and white in it's interpretation and application and hence you only need a contract review that clears the contract from an IR33 perspective, when in fact we all know it's at least 50 shades of grey (the humdrum, potentially painful and costly shades, not the saucy and erotic shades).
I have managed to get a signed confirmation of arrangements for all of my previous 5 contracts.
Bearing in mind the post below you had to ask who to sign the CoA and the post below that where you said you might give it a go you are plainly lying. Very poor.
Presumably QDOS are happy you are not caught so you only need the insurance
in case they are shown to be wrong. But if they are shown to be wrong you can then sue them for the cost of the insurance since clearly their original review was wrong and they subjected you to a cost that you didn't need to incur, because had they said you were caught you would have paid your taxes as per the IR35 rules. So basically you are then paying for the insurance only if you don't actually need it.
Deep, isn't it...
That's an unexpected post from someone like you Malvolio...you appear to be claiming that IR35 couldn't be any more black and white in it's interpretation and application and hence you only need a contract review that clears the contract from an IR33 perspective, when in fact we all know it's at least 50 shades of grey (the humdrum, potentially painful and costly shades, not the saucy and erotic shades).
Presumably QDOS are happy you are not caught so you only need the insurance
in case they are shown to be wrong. But if they are shown to be wrong you can then sue them for the cost of the insurance since clearly their original review was wrong and they subjected you to a cost that you didn't need to incur, because had they said you were caught you would have paid your taxes as per the IR35 rules. So basically you are then paying for the insurance only if you don't actually need it.
Deep, isn't it...
We've dealt with numerous cases where, on the face of it, the contractor is outside IR35. His contract is good and, as far as he knows, his working practices are compliant. But then HMRC start probing at his end client, asking leading questions, getting hold of the upper level contract - that's where things get difficult, especially when it's stuff the contractor has no control or knowledge of.
Of course we aren't 'happy' the contractor isn't caught - we only ask a few questions that are designed to filter out cases where there is absolutely no hope of success (employee Friday, contractor Monday etc.).
There are so many grey areas in IR35 and that's the risk we're trying to cover.
I just bought £75k protection from qdos @ £480 per year
Hmmm...
Presumably QDOS are happy you are not caught so you only need the insurance
in case they are shown to be wrong. But if they are shown to be wrong you can then sue them for the cost of the insurance since clearly their original review was wrong and they subjected you to a cost that you didn't need to incur, because had they said you were caught you would have paid your taxes as per the IR35 rules. So basically you are then paying for the insurance only if you don't actually need it.
We talking about IR35 investigations insurance or IR35 costs insurance? i.e. just cover for legal/accounting stuff or fines/costs if you get caught?
IMHO - 1st one complete no brainer. If you dont have this you are stupid.
The other one where it covers you if you lose. Debatable. No-one has EVER EVER claimed off either QDOS or Abbey Tax apparently (the only people to ever lose an IR35 case whilst covered by these two did not have the complete insurance). But of argument as to what would happen when, in effect, you are claiming costs to cover you when you've broken the law (albeit a tax law).
For the cost of insurance against the cost of the possible outcome if you don't have it, it's a no brainer.
Yes, i've used it and it worked to my advantage, with HMRC dropping the investigation (after 2.5.years !!)
Ensure you understand the mechanics of how to use it. For example, don't discuss anything to do with contracts, working practices or anything that could be seen as leading to an IR35 case with HMRC. Demand their questions are put in writing to be forwarded to your specialist rep.
Other than that, not much to say. It's cheap (in relative terms) and it works.
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