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bsf99
6th August 2004, 23:57
Hi All

I have a quick question about IR35 please

The work myself & my partner will be doing is project based - we will have no contract but a work order specifying that a certain task is to be investigated & completed. The work is being charged per man day.

We will only be working for one client but we will be receiving multiple work orders for each project they wish us to carry out

Also - either myself or my partner are able to carry out this work - at a time we determine.

Would this mean we full out of the reach of IR35?

Once again thanks for all your help

Brett

Cojak
7th August 2004, 09:51
Contracts and work orders are not the same....

How are you going to get paid? What is the payment period? What happens if you don't get paid? Nothing at the moment cos you don't have a contract!!!

Get some legal advice, mate...

oaksoft
12th August 2004, 00:12
IR35 is determined by looking at the contractual relationship between you and your client and then looking at the reality of the actual working relationship.

You have no contract, for reasons best known to yourself, and so you are leaving yourself vulnerable.

Simply draft a set of T+C and staple it to your invoices.

Your T+C need only be minimal but IR35 ain't your big problem here.

To solve the IR35 thingy simply deal with:-

1)D+C - Client not free to direct or control XXXX Ltd staff in any way shape or form in relation to work package YYYY.

2)RoS - XXXX Ltd is under no obligation to provide the services of any one particular contractor for the duration of the work package and is free to swap members of it's own staff as it sees fit. XXXX Ltd is also free to sub contract out the work package to another Ltd Co as it sees fit. XXXX Ltd will deal with payment to any subcontracted staff member or Ltd Co and will warrant that any sub has the correct skills and experience to complete the job.

3)MOO - Dealt with by 2).

4)Fixed Price payment (if appropriate and desirable).

mailman
12th August 2004, 15:48
Of course you now also have the arguement that you are not employed like a normal employee as you dont get stuff like sick leave and holidays and so on.

Mailman