Ways to rule yourself out of a contract

[GB9]

Agree with pretty much all of that. The feeling I got from the agent was 'not another one'. I suspect their job is proving harder as a result of the PS IR35 clampdown.

[BolshieBastard]

Ask if that public sector contract falls under IR35....well that was today's experience anyway! (Pause followed by...."i'll have a word with the client").

Surely the default position is yes, public sector contracts are now treated as IR35 caught unless you can prove via the required avenues, that you are outside?

In other words, why take on the hassle to jump through these hoops and still be on hmrc's radar in the public service?

Im not taking any PS contracts for this reason. The rates are being screwed down all over now (saw a role asking for ISTQB \ ISEB Intermediate qualification at £100 to £150 a day! Seriously, they are having a laugh.) so the added likelihood of being IR35 caught just makes it unappealing.

Just my opinion though.

[GB9]

Inside IR35, not under.

Ok, i'll give you that one.

Made me think last night though. When I wrote the above it was from a tax position rather than a control position. At the time of writing I was still of the mindset that I would work exactly how I wanted to on the basis that I am a specialist in what I do. Last night I wondered if it might be nice to just go in, be told what to do and how and not have to worry about any ensuing disaster that may arise.

[northernladuk]

Which is the answer I would hope for from HMRC. In which case, at the right rate I would work under IR35!

Inside IR35, not under.

[GB9]

Yes. They have to argue the minute details of the contract to prove your relationship with the client. How are they going to do that if they take all your contracts bundled together?

Which is the answer I would hope for from HMRC. In which case, at the right rate I would work under IR35!

[northernladuk]

Not on the rate they were offering. At a higher rate, maybe.

However, although i'm not sure what impact that would have had on my previous contracts, if any. I am aware all contracts should be judged individually, but are they really in the event of an HMRC snoop?

Yes. They have to argue the minute details of the contract to prove your relationship with the client. How are they going to do that if they take all your contracts bundled together?

[GB9]

Not on the rate they were offering. At a higher rate, maybe.

However, although i'm not sure what impact that would have had on my previous contracts, if any. I am aware all contracts should be judged individually, but are they really in the event of an HMRC snoop?

[northernladuk]

Question is... Would you have taken it if they had called back and said yes, inside.

[GB9]

Ask if that public sector contract falls under IR35....well that was today's experience anyway! (Pause followed by...."i'll have a word with the client").