Hi all,
I've recently been offered a contract at a bank, and I've been going over the contract which is with a third-party agency. The contract is I think pretty good from an IR35 perspective (it states explicity that I can substitute, work without control, no mutuality of obligation), but it does also require me to indemnify the agency and the client from any and all costs relating to most things, including IR35. My interpretation is that if HMRC investigates and finds me to be in breach of IR35 (based on behaviour rather than contract), I would then be liable for my legal costs, my PAYE tax, the clients legal costs, and the clients employers NI / pension, etc.
Has anyone else come across this, and if I'm taking 100% of the risk around IR35, can anyone recommend anything I should insist upon in my relationship with the client to ensure I cannot be in breach. I think the likelihood of me actually being able to substitute myself out is low, particulary given the banks screening process. The contract role is 6 months but the hiring manager assured me it would run for at least a year (so already mutuality of obligation is in question in my mind).
Cheers all
I've recently been offered a contract at a bank, and I've been going over the contract which is with a third-party agency. The contract is I think pretty good from an IR35 perspective (it states explicity that I can substitute, work without control, no mutuality of obligation), but it does also require me to indemnify the agency and the client from any and all costs relating to most things, including IR35. My interpretation is that if HMRC investigates and finds me to be in breach of IR35 (based on behaviour rather than contract), I would then be liable for my legal costs, my PAYE tax, the clients legal costs, and the clients employers NI / pension, etc.
Has anyone else come across this, and if I'm taking 100% of the risk around IR35, can anyone recommend anything I should insist upon in my relationship with the client to ensure I cannot be in breach. I think the likelihood of me actually being able to substitute myself out is low, particulary given the banks screening process. The contract role is 6 months but the hiring manager assured me it would run for at least a year (so already mutuality of obligation is in question in my mind).
Cheers all
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