Outside IR35

[Bill84]

I have just started a new job, I have my assignment contract, being assessed by a respectable professional firm to see whether if I fall outside or inside ir35. They say that according to the assignment I have provided, they have checked the clauses to see if I fall outside ir35 and they say those are strongly covered and that the contract falls outside IR35, and I would need to pay some money to get a review. My question is, can I rely on what they say, ie if they say I fall outside IR35 and I have their review, does that mean that I am definitely outside IR35.
Thanks
Bill

[Zero Liability]

No. Thus, IR35 insurance exists. The review is due diligence more than anything else.

[SueEllen]

No and your contract should have been reviewed before you started. That way you can get any changes done.

[northernladuk]

I have just started a new job, I have my assignment contract, being assessed by a respectable professional firm to see whether if I fall outside or inside ir35. They say that according to the assignment I have provided, they have checked the clauses to see if I fall outside ir35 and they say those are strongly covered and that the contract falls outside IR35, and I would need to pay some money to get a review. My question is, can I rely on what they say, ie if they say I fall outside IR35 and I have their review, does that mean that I am definitely outside IR35.
Thanks
Bill

You don't need to pay anyone. I can tell you that you've failed.

It doesn't definitely say you are outside but it's a better indication that not having it done.

[Bill84]

You don't need to pay anyone. I can tell you that you've failed.

It doesn't definitely say you are outside but it's a better indication that not having it done.

What do you mean by "I can tell you that youve failed"

[jamesbrown]

What do you mean by "I can tell you that youve failed"

He's being picky about your choice of terminology (i.e. "job").

You need to understand that the status of a particular contract depends entirely on your working practices, and a review of the contract (and, ideally, a description of your working practices) is simply a qualified opinion and applies only insofar as the contract and any other information you provide is a complete and accurate reflection of your working practices. Professional opinions vary. There are absolutely no guarantees about the status of a particular contract until you have a tribunal decision, at which point it's obviously too late. Thus, you should certainly have a contract review as part of the due diligence of assessing your status, but you should also be mindful of your working practices going forward. You may also choose to join IPSE+ or take out other forms of insurance to mitigate against the costs of an investigation and its outcome.

[northernladuk]

What do you mean by "I can tell you that youve failed"

Because you think your contract is a job. It's my niggle that people can't use the right terminology when contracting. How are they supposed to defend themselves against HMRC when they don't even think or act like a business. I'm pulling your leg but it still irks me.

[mudskipper]

What do you mean by "I can tell you that youve failed"

IR35 is to differentiate between those in business and 'disguised employees'. My company just started delivering services to a new client - vs - I just started a new job

[northernladuk]

IR35 is to differentiate between those in business and 'disguised employees'. My company just started delivering services to a new client - vs - I just started a new job

Totally ^ this and JB's comments. Sounds picky but when you turn up on site and just fall in to acting like a permie or become part and parcel you are in danger of putting yourself inside. You do as you are told (D&C) you expect them to give you work (MoO), don't appreciate you can offer substitutes (RoS) and you've shafted yourself. If you don't think like a business why should you be taxed like one.

[TheCyclingProgrammer]

Because you think your contract is a job.

I think you're being unnecessarily pedantic, even for you . Lots of people refer to contracts as jobs, or gigs etc, not just in IT but in other trades too.