Given a contract chain that looks like this:
My company->Agency->Consulting firm->End-client
End-client is a sizeable international charity, turnover definitely >£10m. Apart from core security IT functions they outsource everything. (Which doesn't mean that getting C-level sign-off on IR35 status is going to be easy). I'm working on a project; when the project is delivered early next year, the role ends, and we've already been discussing a possible support contract for the future based on number of incidents per billable time period.
Either the consulting firm or I can exercise a right of substitution. The end-client already asked if I could send in a replacement when I mentioned to them I would be unavailable for a period, although the timeframe didn't work for getting someone up to speed.
Do I need to try and get sign-off about IR35 determinations from the end-client, the consulting firm, or both? It's definitely the farthest outside IR35 I think I've ever been, but actually proving that per these new HMRC stipulations is the challenge. It would be quite absurd (and I think very open to challenge) if the end-client judged me inside IR35 to save on hassle.
My company->Agency->Consulting firm->End-client
End-client is a sizeable international charity, turnover definitely >£10m. Apart from core security IT functions they outsource everything. (Which doesn't mean that getting C-level sign-off on IR35 status is going to be easy). I'm working on a project; when the project is delivered early next year, the role ends, and we've already been discussing a possible support contract for the future based on number of incidents per billable time period.
Either the consulting firm or I can exercise a right of substitution. The end-client already asked if I could send in a replacement when I mentioned to them I would be unavailable for a period, although the timeframe didn't work for getting someone up to speed.
Do I need to try and get sign-off about IR35 determinations from the end-client, the consulting firm, or both? It's definitely the farthest outside IR35 I think I've ever been, but actually proving that per these new HMRC stipulations is the challenge. It would be quite absurd (and I think very open to challenge) if the end-client judged me inside IR35 to save on hassle.
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