Contract Indemnity Clauses (IR35?) Contract Indemnity Clauses (IR35?)
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  1. #1

    Nervous Newbie


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    Default Contract Indemnity Clauses (IR35?)

    I've just received a new contract through an agency and it contains a number of clauses asking me to provide indemnify to the agency/end client against taxes, costs and damages for what appears to be related to IR35. (see below).

    I was just wondering if these are common place now?

    The Supplier confirms and shall procure that the Contractor confirms, they have read and acknowledged the information on the HMRC website 404 - Not Found and the Supplier and the Contractor will be fully responsible for any and all subsequent consequences. The Supplier and the Contractor take full responsibility and liability for all and any tax and NIC contributions payable by law in the United Kingdom or the local equivalent in the country where the Contractor shall be working. The Supplier and the Contractor fully indemnify and hold the Company and the Company’s Client harmless from any and all claims that may arise through noncompliance of payment, especially with regards to section 61B Income Tax (Earnings and Pensions) Act 2003 (“ITEPA”). Furthermore, the Supplier and the Contractor will fully indemnify and hold the Company and the Company’s Client harmless from all and any fee that may occur in regards to any claim made by any department of the government in respect of Third Party Debt Transfer.
    The Supplier shall indemnify the Company and keep indemnified the Company for any failure to comply with this clause and ITEPA against all costs, charges, claims, actions, awards, expenses, damages, demand, penalties, fines, proceedings, liabilities, judgements or losses incurred or suffered by the Company. This indemnity shall not be subject to any cap on liability within this Agreement.
    any losses incurred or suffered by the Company arising out of or in connection with the Contractor claiming to be an employee or worker of the Company (or, as the case may be, the Client) or otherwise entitled to any rights or benefits that employees or workers enjoy
    any losses incurred or suffered by the Company arising out of or in connection with an official, public body or authority for any purposed regarding the Contractor as an employee or worker of the Company (or, as the case may be, the Client) or otherwise entitled to any rights or benefits that employees or workers enjoy including, without limitation, any claims by the Contractor under AWR

  2. #2

    Super poster

    Lance's Avatar
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    Default

    reads like they want you to make sure you pay your taxes and don't try and screw them over for employment rights.
    Seems perfectly reasonable to me.

    If in doubt get it reviewed by a professional.
    See You Next Tuesday

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