Looking for some of you to bluntly poke holes in some of my IR35 thinking for my current situation, as I know a lot of you (not naming names ) are good at that.
Been working at ClientCo for just under 15 months, contract up for renewal 31st Dec
I am confident that I am outside IR35
You get the picture
The project is just me, nobody else involved except for a permi manager I have status update reports with.
ClientCo also hire many other contractors but they are all in different situations – as I’m hardly ever on site I have no idea who they are or how they work so I can’t get a gauge on that.
If ClientCo determine me outside (which, obviously, I think they should given the above) – Great.
If not, and they take the blanket approach like many of the banks, I can either stay, leave, or *maybe* move to fixed price work
If I stay I’m leaving the previous 15 months open to investigation, even given the evidence described above. Does the client’s decision always win?
If I stay, but leave this project and join another, I’m guessing the above will still apply so that really makes no difference.
There is an option that I could renegotiate the current project to be a fixed price deliverable with a given timescale. This piece of work lends itself nicely to that given the setup, and I recon ClientCo would be up for it.
Do I wait for their determination before discussing that? Or, say we do go down this road, will that still leave a red flag waving for the previous months where I was engaged as a limited co contractor?
Right now given what's happening, if it's inside I recon it's gonna have to be leave or fixed price if I can make that work
Been working at ClientCo for just under 15 months, contract up for renewal 31st Dec
I am confident that I am outside IR35
- Contract reviewed by QDOS – Outside
- Working conditions strengthen this – no guidance, work off site and only visit client side when I need to which is tops 1 day a week, sometimes not at all
- Use all my own software, I’m only using one of their laptops as there is a security requirement with data access
- Direction, tech stack, when and how the work gets done is all up to me, I work different hours to everybody else which I decide
You get the picture
The project is just me, nobody else involved except for a permi manager I have status update reports with.
ClientCo also hire many other contractors but they are all in different situations – as I’m hardly ever on site I have no idea who they are or how they work so I can’t get a gauge on that.
If ClientCo determine me outside (which, obviously, I think they should given the above) – Great.
If not, and they take the blanket approach like many of the banks, I can either stay, leave, or *maybe* move to fixed price work
If I stay I’m leaving the previous 15 months open to investigation, even given the evidence described above. Does the client’s decision always win?
If I stay, but leave this project and join another, I’m guessing the above will still apply so that really makes no difference.
There is an option that I could renegotiate the current project to be a fixed price deliverable with a given timescale. This piece of work lends itself nicely to that given the setup, and I recon ClientCo would be up for it.
Do I wait for their determination before discussing that? Or, say we do go down this road, will that still leave a red flag waving for the previous months where I was engaged as a limited co contractor?
Right now given what's happening, if it's inside I recon it's gonna have to be leave or fixed price if I can make that work
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