CL1 & IR35 CL1 & IR35
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Thread: CL1 & IR35

  1. #1

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    Default CL1 & IR35

    I was wondering about the status of CL1 contracts and IR35.

    I saw a lot of posts on here from circa 2015 that suggested all CL1 contracts were inside regardless of their clauses, and I'm wondering if that's still the case.

    I've been told I'm going to be offered a CL1 contract although I haven't received it yet. The people drawing it up said that they had determined that I would be classed as outside IR35 and hence they are including all three clauses which tend to suggest exemption, namely MoO, substitution and instruction. Additionally the contract will have a notice period of 0 days in both directions, which equates to a degree of financial risk for me and I understand (perhaps incorrectly) that this helps the contract to be considered as outside.

    Aside from the contract wording, day-to-day I will genuinely have no instruction because the team I'm working with have zero experience of the tech I use, so it will be a case of me aiming at some broad objectives but delivering those in a manner completely of my own determination.

    In such circumstances would CL1s be classed as outside, or are they always inside?
    Last edited by socrates; 14th April 2019 at 12:28.

  2. #2

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    I've just realised that this post would probably be more appropriate for the general Accounting/Legal forum, rather than this subforum - could a mod move it please?

  3. #3

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    Just get the contract checked by QDOS, B&C and the like, take out IR35 insurance either via IPSE+ or the provider I've just mentioned and get on with it.

    Also make sure you know enough about IR35 to keep your working practices ourside.
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  4. #4

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    Quote Originally Posted by northernladuk View Post
    Just get the contract checked by QDOS, B&C and the like, take out IR35 insurance either via IPSE+ or the provider I've just mentioned and get on with it.

    Also make sure you know enough about IR35 to keep your working practices ourside.

    OK, thanks.

    So it's certainly true then that some CL1s are outside IR35?

  5. #5

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    CL1 expired in 2018
    “Live a good life. If there are gods and they are just, then they will not care how devout you have been, but will welcome you based on the virtues you have lived by. If there are gods, but unjust, then you should not want to worship them. If there are no gods, then you will be gone, but will have lived a noble life that will live on in the memories of your loved ones.”

    ― Marcus Aurelius

  6. #6

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    Quote Originally Posted by SimonMac View Post
    CL1 expired in 2018
    Yeah so looking at it, my agency is PSR, so I guess this is the AMS successor to CL1, although I was told it was CL1

    So is AMS/PSR normally OK from an IR35 perspective so long as you have the clauses above?

  7. #7

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    Quote Originally Posted by socrates View Post
    Yeah so looking at it, my agency is PSR, so I guess this is the AMS successor to CL1, although I was told it was CL1

    So is AMS/PSR normally OK from an IR35 perspective so long as you have the clauses above?
    Sounds like you are in the public sector. In which case, the status is determined by the end client and you don't need to review the contract.
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