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IR35 assesment

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    #11
    Originally posted by northernladuk View Post
    Thinking about it I doubt anyone would insure you working on a gig without a proper outside determination from the client anyway. Why would they put themselves at risk in a situation where the client hasn't followed the law?
    Yes the insurance company they are using have their own assesment tool, but it has win-win disclaimer that is along the lines of in the event of an un-successful outcome (IR35 investigation) the liability is limited to a punitive amount. which makes it completely pointless.

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      #12
      Let's start with the big question -- is the role legitimately outside?

      If so, it really won't matter much to you whether the determination is on the flakiest basis imaginable or not. If it's outside, it's outside, and if the client gives you an outside determination on an outside role, it's not going to be a problem.

      Who cares whether the client doesn't understand or is being stupid? The liability for that is theirs, not yours. And you're at no risk if it's outside, anyway.

      It's not the contractor's job to do what client legal departments should be doing. If they are going to give you an outside determination, keep your head down and keep invoicing.

      But also don't be surprised if come late March it all changes, either.

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