Contract says I am within IR35?

[chickenlips]

Hi, first time here, hello all.

I have received a new contract, the paperwork is headed "TERMS OF ENGAGEMENT WITH A LIMITED COMPANY CONTRACTOR WHO HAS OPTED OUT OF THE CONDUCT REGULATIONS (WITHIN IR35)"

It's the "within IR35" bit on the end that bothers me. Surely an agency has no business deciding whether it is or not? I thought that would be down to HMRC? Or am I getting the wrong end of the stick?

[Clare@InTouch]

IR35 is determined by what happens in practice, although it helps if the contract backs this up. I'd go back to the agency and ask why they've given you a contract they know fails the IR35 tests. Ask if they have one that passes!

Get the final contract reviewed by a specialist who will advise on the working conditions too.

You may also want to look into what Opting Out means. There's a great guide on this very site.

[Jeremiah@RHJAccountants]

You should always get your contract reviewed for IR35 by a contractor specalist. Why take the chance and risk it. The can also reccommend any terms of the contract that might need to be changed

The are some good guides here and on the PCG website.