Is this sub contracting

[acontractor]

Hi,

I have been offered a contract from a consulting company which sends their own staff (more often permis) to the client. They said I will be representing this consulting. So this is not a usual recruitment agency-client contract. I will be reporting to both Client and Consultancy.
Does it mean I am considered as sub contractor?

Are sub contractors easy target for HMRC for caught inside IR35?

Thanks

[eek]

Hi,

I have been offered a contract from a consulting company which sends their own staff (more often permis) to the client. They said I will be representing this consulting this consultancy. So this is not a usual recruitment agency to client its via consultancy. I will be reporting to both Client and Consultancy.
Does it mean I am considered as sub contractor?

Are sub contractors easy target for HMRC for caught inside IR35?

Thanks

Nope, its just a contract....

[CheeseSlice]

They said I will be representing this consulting this consultancy. So this is not a usual recruitment agency to client its via consultancy.

its too early in the morning to read such cryptic sentences.

[acontractor]

its too early in the morning to read such cryptic sentences.

... corrected.

[TheFaQQer]

I will be reporting to both Client and Consultancy.

Make sure your contract reflects the reality of the situation, and you are absolutely clear about who you really report to.

Does it mean I am considered as sub contractor?

Possibly - or even a disguised employee.

Are sub contractors easy target for HMRC for caught inside IR35?

Only if the contract and the reality of the situation point to being a disguised employee. If you haven't got a right of substitution, and there is mutuality of obligation, and there is a sufficient degree of direction and control then you are inside; if HMRC can't prove all three then you are outside.

[acontractor]

Make sure your contract reflects the reality of the situation, and you are absolutely clear about who you really report to.

In practice I believe I will be reporting to Client as I dont think the client would want to manage their project by this consultancy. I think to save cost this consul. is providing resources (mostly permies.) to their client.

[acontractor]

It has following substitute clause ..

"... The company may not assign this agreement but may substitute a named Consultant provided only that it has prior written consent and approval of the XXX consultancy..."

[TheFaQQer]

It has following substitute clause ..

"... The company may not assign this agreement but may substitute a named Consultant provided only that it has prior written consent and approval of the XXX consultancy..."

"...which shall not unreasonably be withheld." I hope

[acontractor]

"...which shall not unreasonably be withheld." I hope

yes

[jmo21]

In general, you should have nothing to worry about, but make sure your working practices are up to scratch and get your contract reviewed as normal.