IR35 Questionnaire

[fiisch]

I hope I don't sound arrogant if I say I am crucial to the current project I am on - ideal skillset, and very much a key man dependency on me. That hasn't always been the case - my last contract was little a bum on seat without being assigned to a project, so very much a waste of space. It has been refreshing, and helped me re-discover my mojo. However, I am one of an army of contractors - very heavy contractor-permie ratio at current gig.

I've heard on the contractor grapevine that regardless of responses, we'll likely be deemed inside. Agency is considering forming a consultancy and keeping on the contractors - I've heard of this approach by a few prospective agency contacts for other roles - is this really an answer, or agent hot air?

Deciding between running back to the sanctuary of a permanent role, or trying to tough it out and hope for outside IR35 determination/good perm offer from current client where I am the happiest I've ever been. Added to the mix, wife is two months pregnant, so clock is ticking...

[dsc]

I'd ask yourself these questions:

1. How crucial are you to the project you are delivering for - got special skills no-one else has / are the main dependency for most things / just a bum-on-seat?

2. How many contracting bum-on-seats has your client got?

If you answered not crucial and loads then I'd wager a guess that you might be switching to inside or being engaged via umbrella / PAYE April 2020 onwards and not much is going to matter. If you are however the single go to guy on a whole job or there's only 2-3 other contractors there then you might be perfectly fine.

Common sense suggests that the less contractors the client has the better as the risk of paying unpaid tax and fees is then less / has less of an impact (as it's less £££). If the have loads though the only way to "save" yourself is to be special, assuming of course they don't blanket assess you as in - or should I say decide to purse (read force you) the PAYE route.

[LetterBox]

Agree, the questionnaire is an opportunity to state a business case for continued services and the current WP that will support an outside determination.

If an existing contractor is given the ability to provide positive input for their business to the client then this can only be a good thing. They may decide against the risk, but the contractor is fortunate to be able to make a case rather than the client guessing, could turn a client 50/50 guess into a positive outcome for all, if the client is educated on the soon-to-be state of play.

[ladymuck]

Well, you could see it as an opportunity to put across the status you think you should be.

If they disagreed, I'd use it to try and have a conversation with the client as to how they think the contract operates.

[fiisch]

Another contractor here being asked to complete a questionnaire regarding current engagement so that my client can make an accurate IR35 determination (the email cutely signed off with: "Any question, please refer to Line Manager" )

Am I being thick, or is this a bit perverse? Isn't the whole point of IR35 that the determination is down to the client (who is well aware of the terms of the engagement), therefore how I _{fudge my answers} perceive my engagement is irrelevant?

Been advised we won't receive a determination until next year, and the link for questionnaire isn't working. This IR35 malarky is wearing a bit thin.