Do agents ever state whether or not a job advertised is outside of IR35 or not ?

**PAH** · 21 February 2010, 09:55

I'd be suprised if many of them even know what IR35 is let alone the intricacies.

End of the day IR35 is a voluntary* tax. Why else have HMRC (

) only ever won a handful of the hundreds of cases they've persued?

* I remember working with a contractor in 2001 and he voluntarilly paid something like £11k for fear of being caught later. Maybe it's a small price to pay for peace of mind, but I sleep pretty good anyway. The scum can't take what I don't have.

**centurian** · 21 February 2010, 10:30

But even if the contract is compliant, that's meaningless unless working practices are also aligned. You don't really know how compliant you are until you start.

**VectraMan** · 21 February 2010, 10:49

If they advertised something as outside IR35 that was subsequently found to be inside, then that could be seen as false advertising, a breach of contract, or possibly even end with them being liable for your losses. They wouldn't take the risk.

**threaded** · 21 February 2010, 14:59

Originally posted by eliquant View Post

Do agents ever state whether or not a job advertised (and its associated contract) is outside of IR35 or not ?

How many times have you heard the words, "I dunno, its not for me to say.".

Its quite important to know up front as it could mean (around) a difference of the contractor receiving an extra £1300 per month say on a £65/hour contract if he's not caught.

You could spend ages trying to get a contract that demands so much of you at the job interview stage and the actual job only to find out at signing that you get caught by IR35, surely it is better to take an easier job which is easier at the selection process that has a solid contract which exempts you from being caught by IR35.

Oh do come on, how many agents advertise whether a job is real or not...

**eliquant** · 21 February 2010, 15:23

In other words you only find out if the contract is outside of IR35 "friendly" when you get it through the post as a job offer.......... great.....

**Platypus** · 21 February 2010, 15:27

Originally posted by PAH View Post

End of the day IR35 is a voluntary* tax. Why else have HMRC only ever won a handful of the hundreds of cases they've persued?

Stats like that are meaningless unless you know how many contractors simply tick the box. Apart from on here and the PCG forums, I've met very few contractors who know what IR35 is - they all just tick the box and pay the tax.

EDIT: And if you use an umbrella, as many do, doesn't IR35 become irrelevant?

**thunderlizard** · 21 February 2010, 15:48

Originally posted by eliquant View Post

In other words you only find out if the contract is outside of IR35 "friendly" when you get it through the post as a job offer.......... great.....

well partly - but the contractor plays a part in setting the terms and working conditions too.

Do agents ever state whether or not a job advertised is outside of IR35 or not ?