Reply to: IR35 concerns and help?

[slidingaround]

Any contract can be changed. Make a list of things that you think are not right and how should be amended and present to the client. Be polite and describe why you need these changes and how it will affect the relationship for better.
Client of course can say take it or leave it.

Hi, thanks yeah, that's what I'm trying to do at the moment.
Fingers crossed it works out ok, just don't want to get caught inside IR35.

[elsergiovolador]

Im just starting out and trying to stay outside of IR35.
The client gave me a contract but the terminology could put me inside of IR35 so im amending it, that's the reason why i joined this forum really, so i could get to grips with IR35.

Any contract can be changed. Make a list of things that you think are not right and how should be amended and present to the client. Be polite and describe why you need these changes and how it will affect the relationship for better.
Client of course can say take it or leave it.

[slidingaround]

Sometimes the client creates one, sometimes you have to provide it.

Thanks.

[slidingaround]

Super, what’s your IR35 status ?

I would use the clients contract


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Im just starting out and trying to stay outside of IR35.
The client gave me a contract but the terminology could put me inside of IR35 so im amending it, that's the reason why i joined this forum really, so i could get to grips with IR35.

[northernladuk]

I don't have a middle man as such.
I have started a company providing a service to another company (client) direct.

Sometimes the client creates one, sometimes you have to provide it.

[GhostofTarbera]

I don't have a middle man as such.
I have started a company providing a service to another company (client) direct.

Super, what’s your IR35 status ?

I would use the clients contract


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[slidingaround]

The agent who is the middle man gives you the contract

You never give the end client the contact unless he is a one man band also


Sent from my iPhone using Contractor UK Forum

I don't have a middle man as such.
I have started a company providing a service to another company (client) direct.

[GhostofTarbera]

Another thing i was just wondering, what's the general practice with contracts?
Is it normally the contractor that provides the contract or the client you're doing work for?

The agent who is the middle man gives you the contract

You never give the end client the contact unless he is a one man band also


Sent from my iPhone using Contractor UK Forum

[slidingaround]

Another thing i was just wondering, what's the general practice with contracts?
Is it normally the contractor that provides the contract or the client you're doing work for?

[Ricky@IntouchAccounting]

Thanks, some good points i will consider when reviewing the contract.

Not a problem. And wish you all the best on the start of your contracting career.

[slidingaround]

TLC35
Professional Indemnity
Public Liability
Jury Service cover

I'd put the £8.50 per month towards that instead.

Its that price if your paying the £8.50 i think.

[Scruff]

TLC35
Professional Indemnity
Public Liability
Jury Service cover

I'd put the £8.50 per month towards that instead.

[slidingaround]

If you joined IPSE, you would still need to pay for a contract review. Not all of their insurances may be relevant to you, so be wary of buying something you don't need.

I didn't realise Qdos had a membership thing going, I thought it was just contract reviews and insurances.

Yes maybe they don't, i just had a quick skim through. I spoke with someone on the phone at IPSE and they said if your a member, even basic, the contract review is £58.80 that gets reviewed in 3-5 days or £72 for same business day.

[slidingaround]

Welcome to CUK.

Congratulations on your first offer of a contract. In these times, count yourself amongst the lucky, and that your talent has been spotted.

Each contract is assessed on its own merits, and the actual working practices once you have started.

My personal recommendation is QDOS, as I can't see the benefits of being an IPSE member, any longer (this is not based on their "headline advantages" but on their Articles of Association and use of Members' funds). I am sure that there are others who will reply to the contrary.

QDOS's reviews are second to none, and I always have each contract (and renewal offer) assessed.

Thanks.
I've ended up just getting the basic IPSE membership, it was only #8.50 or something a month and it gave me access to draft contracts i can look at to get this contract done and dusted.

What specifically would you recommend from QDOS?
I had a quick look through and there were quite a few add-ons that really started mounting up which i weren't sure i actually needed.

[slidingaround]

The thing to bear in mind when it comes to IR35, is that IR35 relates to each individual role. So each role will have its own risk for IR35.

Here are the key factors you would need to consider;

1. Personal Service * if the contract requires that you must personally provide services there is a stronger suggestion towards IR35. However, if you can send a substitute or subcontract some of your work that is another matter and is often considered the strongest argument against IR35, although it must be a genuine right and not merely an ability to offer a substitute.



2. Supervision, Direction and Control * this considers how, when and where the work is carried out and the degree of full autonomy over the work to be done. The greater the autonomy the more likely the contract will be seen as outside IR35. But if you are told how to do it and work, in many respects, in a controlled or supervised manner it is more indicative that IR35 is a risk.



3. Mutuality of Obligation (MOO) * this relates to the extent you are obliged to carry out any work offered to you or whether the client is obliged to offer you work outside the scope of the contract. Where those obligations are limited entirely to the work set out in the contract this is suggestive that IR35 will not apply.


4. Financial Risk * consideration is also given to the degree of financial risk and whether the contract confers a degree of risk beyond that normally expected of an employee or the contract offers opportunities to profit from your own skill. Examples would include a requirement to correct defective work at your own expense; the risk of claims against you for damages or penalties; any requirements for professional indemnity insurance; or the ability for the contract to be more profitable by efficient working.

Thanks, some good points i will consider when reviewing the contract.