Recruitment Agencies and QDOS? Recruitment Agencies and QDOS? - Page 2
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  1. #11

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    Quote Originally Posted by Qdos Contractor View Post
    This is correct. As soon as the client passes the Status Determination Statement to the next party in the chain, the liability moves too.

    Assuming the determination has been communicated correctly and the client has taken reasonable care in making the status decision, the default liability will rest with the fee payer.
    So if the client gets the determination wrong (in the eyes of HMRC), so long as they have taken reasonable care, the fee payer is held liable?

    I wonder if we'll see agencies being nervous about accepting contractors on outside IR35 determined contracts. After all, working practices are a large part of HMRCs investigation and the agency will have limited input to that.

    Or is it the case that so long as the agency has also taken reasonable care, it gets passed up again, to the PSC?

    And then the contractor is found to not have taken reasonable care, since they're last in line and HMRC have said so?
    Last edited by Paralytic; 29th October 2019 at 12:08.

  2. #12

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    Quote Originally Posted by Paralytic View Post
    So if the client gets the determination wrong (in the eyes of HMRC), so long as they have taken reasonable care, the fee payer is held liable?

    I wonder if we'll see agencies being nervous about accepting contractors on outside IR35 determined contracts. After all, working practices are a large part of HMRCs investigation and the agency will have limited input to that.

    Or is it the case that so long as the agency has also taken reasonable care, it gets passed up again, to the PSC?

    And then the contractor is found to not have taken reasonable care, since they're last in line and HMRC have said so?
    How can the contractor be found wanting? They have no input any more so surely they can never be held liable.

  3. #13

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    Quote Originally Posted by ladymuck View Post
    How can the contractor be found wanting? They have no input any more so surely they can never be held liable.
    Exactly. So if the client has taken reasonable care, but HMRC want their money, who pays. Are agencies really signing up to that liability?

  4. #14

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    Quote Originally Posted by ladymuck View Post
    How can the contractor be found wanting? They have no input any more so surely they can never be held liable.
    Agency are saying the contractor needs to complete the QDOS questionnaire. Bit that confuses me 🤔

  5. #15

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    Quote Originally Posted by BABABlackSheep View Post
    Agency are saying the contractor needs to complete the QDOS questionnaire. Bit that confuses me 🤔
    We position questions at the contractor to ensure we are getting a detailed and specific picture of both the working and business practices. We then review the contractor's submission and send it to the client for them to approve.

    In many cases we are conducting a comprehensive audit of the client's organisation before the individual assessments are undertaken. As part of an audit we'll look at the situation at role level and make recommendations for how things can be improved in advance of the individual determination process.
    Qdos Contractor - IR35 experts

  6. #16

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    Quote Originally Posted by BABABlackSheep View Post
    Agency are saying the contractor needs to complete the QDOS questionnaire. Bit that confuses me 🤔
    It's difficult to fill those in before your bum is on the seat. At present, it's not quite the done thing to have that conversation at interview.

    Maybe one day, when I run out of friends to blag work from, I'll whip out the questionnaire and ask the interviewing manager to fill it in with me at the end of the interview

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