Originally posted by zerosum
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Separate contract for handover?
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Plot twist: the end-client now want me to stay another two months, April and May, and possibly beyond if I bid competitively on a future related project.
They know how to spell IR35, but haven't gone much beyond that.
They’re fairly desperate. The PM told me would be happier to deal with me directly and would have no problem creating a new contract with a company I've been thinking of setting up abroad (at the same time as shifting tax residency) -- the entire gig is work from home. However, this option is unlikely to be ready in time.
More realistically:
The contract chain (my ltd->agency->consultancy->end-client) will probably get rearranged. The consultancy and possibly agency may get paid off by the end-client.
I could say to the end-client or whoever (once the above is decided) I will only stay if this role is determined as outside (but please don’t tell me until 1st April, as I’m contracted until then ) The end-client is probably desperate enough to go for that, but once the immediate urgency has gone nothing stops them reviewing it with a calmer (more risk-averse) head and changing determination, right? Working practises and so on are extremely solid, but I doubt they want any spectre of the PAYE liability.Comment
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1. Help them structure a contract and working practices that give an outside determination using CEST.
2. Advise that if they want greater protection even than that, you believe QDOS offers insurance. Perhaps contact QDOS to be sure of this.
3. Tell them you are happy for them to take the gain from cutting out the middle-men if you have a direct outside contract with them.
4. Profit.
edit: Also, the worst that happens later is that they get scared and change you to inside after a few months, at which point you say, 'Sorry, not what we agreed' and walk.Comment
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