ir35 contract review - what to expect?

[northernladuk]

A couple of basic ones were they had my name in the contract, which made it personal. For 'Services' they also a job title e.g. 'System Developer', rather than a service like 'Systems Development'. The others were more involved.

There are so many things that could be an issue, you should definitely get each contract reviewed in its own right. It must also count for you if you ever needed it that you had acted like a business and had paid to have it legally checked for IR35.

Don't want to be rude but you didn't know that having your name in the contract was an issue?

[mudskipper]

Don't want to be rude but you didn't know that having your name in the contract was an issue?

Surely best to hand it as is to the professionals and let them pick up everything rather than making a half-arsed attempt at it yourself. Or what are you going to do? Ask the agency to change the obvious, then ask them again to do the less obvious after you've had it reviewed?

[eek]

Surely best to hand it as is to the professionals and let them pick up everything rather than making a half-arsed attempt at it yourself. Or what are you going to do? Ask the agency to change the obvious, then ask them again to do the less obvious after you've had it reviewed?

Depends how it's sent out. my last one had an invalid opt-out with my name included, attached to the contract and the schedule. It confused the heck out of the qdos reviewer and me until I worked out what he was complaining about.

[northernladuk]

Surely best to hand it as is to the professionals and let them pick up everything rather than making a half-arsed attempt at it yourself. Or what are you going to do? Ask the agency to change the obvious, then ask them again to do the less obvious after you've had it reviewed?

To a certain extent but something has fundamental as having the contact written between you personally and agent means it's not even valid, let alone IR35 compliant. I'd have that straight back and re-written between my LTD and the agent.. same if it was completely missing RoS and so on.... I think there is a level of basic diligence that can be carried out that wouldn't be too hard to do first...

I guess if the reviewer is going to do the negotiating on your behalf there is an argument to just bung it over and wash your hands of it... Just not my style... I'm in control of what I do and employ the services of other people to help me... Not do it for me while I sit there in blissful ignorance... I guess it's just down to each individual this one so fair point.

[mdw]

Don't want to be rude but you didn't know that having your name in the contract was an issue?

Did I say that anywhere? I did use the word 'basic'.

[mdw]

Surely best to hand it as is to the professionals and let them pick up everything rather than making a half-arsed attempt at it yourself. Or what are you going to do? Ask the agency to change the obvious, then ask them again to do the less obvious after you've had it reviewed?

Precisely. If you're given a business document at work to review do you send it back every time you find something basic wrong with it? No. You collate all the issues, simple and complicated, and then present them all back together, instead of becoming annoying by constantly throwing it back every time you find something basic not right. If agents are part of doing business you should try and treat them the same as you would a client.

[northernladuk]

Doesn't have to be constantly. Nothing wrong with giving it a glance over make sure it's even valid as I explained.

[MrMarkyMark]

I would hope after you had read through a lot of contracts, over the years, you would know what to look for.

Obviously, up to you what you want do after you have spotted these dodgy clauses.

I do like to understand what I'm signing, a review is also just another persons POV / interpretation, in any case. Everyone does things their own way, so there's no right answer

[Freud]

Which Supplier ?

Hi all,

I am new to the forum and trying to educate myself on everything I need to do.

Although I have been consulting for a few years now, this is the first time I need to go through an agency.

In the past, I used my own IR35 compliant contract/working practices etc that clients accepted.

I am now being presented with an agency contract that I would like reviewed and also acquire IR35 protection.

Following extensive reading, I think I would like:
1) IR35 expert review
2) The reviewer to negotiate/deal with the Agency on contract/working practices etc changes
3) Someone to fight/defend my corner if HMRC were to investigate

Reading through here, it seems there are a few overlapping options (ignoring other benefits of some):

1) IPSE Standard - £155 - support for an investigation (is this up to Tribunal stage ?) + small discount for Contract review by AbbeyTax (+£145) = £300
2) QDOS Tax Liability Cover - £199 - Contract review, negotiate with agency and investigation/defence support (is this up to Tribunal stage ?) plus payout if you lose
3) B&C Contractor Guardian Plus - £325 - Contract review, negotiate with agency and investigation support/defence up to Tribunal stage

Have I got the above options correct ?

If I have, surely the QDOS service is the most comprehensive and best value but am I missing something here ?

Thanks

[northernladuk]

They are often two separate products. The review is one and them the cover is another. QDOS will charge the review and then you can take out the insurance. Dunno if IPSE is the same. The TLC35 option does then allow one free basic review though I believe.

IPSE+ is a no brainer if you decide to take a different policy out either way. It covers you for jury service, business interruption and quite a few other things that are worth having.