info required for a new contract (IR35 related question)

[biergarten]

hello,

I've been offered a new contract. Agent says it is outside the IR35. But for the vetting for the contract they're asking me to provide among other the following info/docs:

• Criminal Background Checking Document (Directorship Search, Basic UK Criminal Background Check and Credit Check)
• Employment history (past 5 years, if employed through an agency then please give their details) and character reference ("This is required for any gaps in referencing. If you were travelling please provide passport stamps, if unemployed for other reasons we will require bank statements to cover this period to show lack of employment income – Please find attached the reference form")
• 2 x Proof of address dated within the last 3 months

After many contracts it is the first time somebody ask me for any of these. It has surprised me. I don't have a problem in providing them except for....

Could it be against been outside the IR35?

Thanks

[LondonManc]

No, this is standard in many investment banks for example.

DBS check - wanted to prove you aren't a criminal (farcical that Jimmy the Nonce would have passed but never mind!)
Employment History - wanted to prove that you're lower risk as other clients have had you on site
Gaps - vouching that you've not been spending time in the style of a ne'erdowell, i.e. in clink or other
Proof of address - operational risk policy, helping to prove that you are who you say you are.

All of it is about their operational risk policy and not your contract's IR35 status.

[GhostofTarbera]

No, this is standard in many investment banks for example.

DBS check - wanted to prove you aren't a criminal (farcical that Jimmy the Nonce would have passed but never mind!)
Employment History - wanted to prove that you're lower risk as other clients have had you on site
Gaps - vouching that you've not been spending time in the style of a ne'erdowell, i.e. in clink or other
Proof of address - operational risk policy, helping to prove that you are who you say you are.

All of it is about their operational risk policy and not your contract's IR35 status.

This +

This is just the start of the list expect also

An accountant check to see if tax up to date
And certificates you hold PRINCe etc
Your degree and high school examination results
Credit check for missed payments and defaults
Shareholder check (they don’t like it if your wife is a shareholder)


Sent from my iPhone using Contractor UK Forum

[biergarten]

thanks for the clear and concise replies

[LondonManc]

This +

This is just the start of the list expect also

An accountant check to see if tax up to date
And certificates you hold PRINCe etc
Your degree and high school examination results
Credit check for missed payments and defaults
Shareholder check (they don’t like it if your wife is a shareholder)


Sent from my iPhone using Contractor UK Forum

I've never been asked for shareholder details and it's none of their business. My costs are my issue, not theirs.

[northernladuk]

You might have your answer to your particular question but please read up on IR35. To be asking if this is related to IR35 at this stage in the game is inexcusable. Now, more than ever, you have got to a grip on the very basics at least to understand what you are and what you do.

Did they mention opt in or opt out to you at any point. Do you know what that is?

[Lance]

I've never been asked for shareholder details and it's none of their business. My costs are my issue, not theirs.

they don't need to ask as it's a matter of public record.

[LondonManc]

they don't need to ask as it's a matter of public record.

OK, welll to address the earlier point more directly, my wife being company secretary and shareholder when I was contracting was never an issue.

[Lance]

OK, welll to address the earlier point more directly, my wife being company secretary and shareholder when I was contracting was never an issue.

Indeed.
They do shareholder checks to make sure that you are a PSC and not an MSC (or worse, a proper company trying to get feet under the table).