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Working practices & uncooperative client-what else could be done to be safe frm IR35?

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    Working practices & uncooperative client-what else could be done to be safe frm IR35?

    Asked the client, a larger commercial but bureaucratic company, to fill and sign working practices form before I start and they said they have a policy not to sign anything related to IR35. Is there anything else (apart from contract review) I can do to make sure I am safe from IR35? I saw some threads on this forum with some contractors sending letters saying "hey client, I am outside IR35" but how efficient are they?

    #2
    Nope.

    The client can sign loads of bits of paper it means nothing.

    The way you will work will put you clearly out of IR35. So after making sure your contract is clearly out of IR35 make sure you act like a contractor not an employee. This does not mean acting like a a***hole it means don't do things like using company discounts.
    "You’re just a bad memory who doesn’t know when to go away" JR

    Comment


      #3
      Easiest thing to do is treat IR35 like corp tax. Put away 20% of each invoice in a company savings account and use it to pay the bill if it ever comes due. If no investigation within 6* years of contract end date then feel free to do what you like with said money.

      Simple.

      All this faffing about worrying about whether to drink a free cup of coffee offered by the client is way too stressful and over complicating it.

      * or whatever the real time limit is for HMRC to start an investigation.
      Maybe tomorrow, I'll want to settle down. Until tomorrow, I'll just keep moving on.

      Comment


        #4
        You can do the following..

        Get your contract checked by QDOS an the like
        Get your working practices checked by QDOS and the like
        Take out IPSE+ and/or TLC35
        Try get a Confirmation of Arrangements form filled in (but it looks like you've already tried it, but possibly approached it wrong).
        Get a deep understanding of IR35 for yourself so you know what is and isn't acceptable and where you can gather evidence.

        Forcing clients in to assuring your tax position isn't really going to work/
        'CUK forum personality of 2011 - Winner - Yes really!!!!

        Comment


          #5
          Originally posted by northernladuk View Post
          You can do the following..

          Get your contract checked by QDOS an the like
          Get your working practices checked by QDOS and the like
          Take out IPSE+ and/or TLC35
          Try get a Confirmation of Arrangements form filled in (but it looks like you've already tried it, but possibly approached it wrong).
          Get a deep understanding of IR35 for yourself so you know what is and isn't acceptable and where you can gather evidence.

          Forcing clients in to assuring your tax position isn't really going to work/
          OP - for once NLUK is right here.

          You're IR35 status is not really high up on the list of important things for the client. If say they no they won't do it then thats the end of it.
          Rhyddid i lofnod psychocandy!!!!

          Comment


            #6
            Originally posted by Criticular View Post
            Is there anything else (apart from contract review) I can do to make sure I am safe from IR35?
            Yes. Be inside IR35; that's the only way to be 100% safe from IR35.
            Will work inside IR35. Or for food.

            Comment


              #7
              Originally posted by VectraMan View Post
              Yes. Be inside IR35; that's the only way to be 100% safe from IR35.
              Can't argue with that.
              'CUK forum personality of 2011 - Winner - Yes really!!!!

              Comment


                #8
                Originally posted by northernladuk View Post
                (but it looks like you've already tried it, but possibly approached it wrong).
                Hm... how to approach it the right way then?

                Comment


                  #9
                  Originally posted by Criticular View Post
                  Hm... how to approach it the right way then?
                  Well a confirmation of arrangements is just what it says. Not necessarily to do with IR35. Maybe they will understand that term/form better than working practices form (but don't know what it looked like).
                  Try and find the best person to sign it. Just asking HR or the resourcing team probably won't work as they don't know how you work. But to be fair, it's difficult. Not many clients will.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

                  Comment


                    #10
                    The cleaners are usually happy to sign it if you bung them £50 or service of equivalent value.

                    Comment

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