Afternoon,
I won't re-iterate my position everytime (http://forums.contractoruk.com/accou...-expenses.html) as I'm hoping to become regular on here. All to say I'm new but hopefully doing my homework.
Couple of questions about IR35 and the contracts.
1) Being a bit cheeky - I asked the agency whether I could see the contract (without rates) between them and the client to check for IR35. Obviously they refused as it's commercially sensitive but the lady did check, so nearly got there.
Without that information, is there any way to practically mitigate the risk of their contracts not being IR35 compliant (substitution etc) other than insurance and PCG?
Obviously HMRC look at working practices etc as well as the contract but wondered if there's a trick I'm missing around that chain of contracts from you to client or, more specifically, the agency to the client.
2) When I join the PCG I'm looking forward to looking at their contracts (sad but true) to understand a bit more about the workings of an IR35 compliant contract. Has anyone seen any other resources they can point me to for PM contracts/ working practices relating to IR35?
I'm a PM (sorry) but most roles I've seen through agencies are still on a time basis and running possibly running multiple projects, rather than for one distinct project. In essence they want you to do whatever comes your way during that time.
It would seem the single project is much more dependable for IR35 investigation but the reality of the commercial aspect is that you're likely to get more projects to run concurrently which didn't exist when you took the contract, or the project may change as you go through the planning stages.
Is there any way to allow for this - it looks to me like there will always be an aspect of permie from the working practices about it unless you take one contract per project (possibly running concurrently), which is unlikely.
3) To check one last time. Don't opt out of 2003 act. Frankly ignore AWR if truly contracting.
Many thanks as always.
I won't re-iterate my position everytime (http://forums.contractoruk.com/accou...-expenses.html) as I'm hoping to become regular on here. All to say I'm new but hopefully doing my homework.
Couple of questions about IR35 and the contracts.
1) Being a bit cheeky - I asked the agency whether I could see the contract (without rates) between them and the client to check for IR35. Obviously they refused as it's commercially sensitive but the lady did check, so nearly got there.
Without that information, is there any way to practically mitigate the risk of their contracts not being IR35 compliant (substitution etc) other than insurance and PCG?
Obviously HMRC look at working practices etc as well as the contract but wondered if there's a trick I'm missing around that chain of contracts from you to client or, more specifically, the agency to the client.
2) When I join the PCG I'm looking forward to looking at their contracts (sad but true) to understand a bit more about the workings of an IR35 compliant contract. Has anyone seen any other resources they can point me to for PM contracts/ working practices relating to IR35?
I'm a PM (sorry) but most roles I've seen through agencies are still on a time basis and running possibly running multiple projects, rather than for one distinct project. In essence they want you to do whatever comes your way during that time.
It would seem the single project is much more dependable for IR35 investigation but the reality of the commercial aspect is that you're likely to get more projects to run concurrently which didn't exist when you took the contract, or the project may change as you go through the planning stages.
Is there any way to allow for this - it looks to me like there will always be an aspect of permie from the working practices about it unless you take one contract per project (possibly running concurrently), which is unlikely.
3) To check one last time. Don't opt out of 2003 act. Frankly ignore AWR if truly contracting.
Many thanks as always.
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