Newbie to forum but decade in contracting...
I am currently contracted to a UK FTSE 100 that has not decided to go down the blanket determination route. I agreed a contract extension to end-March to ensure I could make my next move decision with as many facts as possible.
All of us PSC contractors currently on the books (regardless of end-date) have been assessed on the basis of 'job role' rather than working practices. Those that have been deemed preliminary out of scope have been 'asked' to pay and complete an IR35 assessment through QDOS. Not completing the QDOS assessment will force a termination on 21st March.
Many of us are unhappy that we are being forced to pay for a service that should be the responsibility of the end-client and that we won't necessarily see the 'raw' SDS determination - the SDS will go to the client and they will decide what happens next (we don't know the process but can't see how your client 'manager' who may be in another country could have the expertise to question the QDOS determination).
A clause was put in the QDOS assessment stating that if any 'omissions/errors' occur in the completion of the questionnaire than any IR35 liability will switch from end client to PSC.
It seems to me that the end-client, supported by their 'leading' recruitment partner, have spotted an opportunity to absolve themselves of responsibility if HMRC come knocking in that if HMRC argue that an out of scope should have been in scope, the client/agency will blame it on the supplied questions and therefore transfer financial liability. As with the whole IR35/CEST situation we have had to answer questions on how we would operate e.g. provide substitutes without seeing the agency:client contract on what in reality would be expected if enacted.
Long first post I know, but others may be interested in thoughts about transfer of liability.
I am currently contracted to a UK FTSE 100 that has not decided to go down the blanket determination route. I agreed a contract extension to end-March to ensure I could make my next move decision with as many facts as possible.
All of us PSC contractors currently on the books (regardless of end-date) have been assessed on the basis of 'job role' rather than working practices. Those that have been deemed preliminary out of scope have been 'asked' to pay and complete an IR35 assessment through QDOS. Not completing the QDOS assessment will force a termination on 21st March.
Many of us are unhappy that we are being forced to pay for a service that should be the responsibility of the end-client and that we won't necessarily see the 'raw' SDS determination - the SDS will go to the client and they will decide what happens next (we don't know the process but can't see how your client 'manager' who may be in another country could have the expertise to question the QDOS determination).
A clause was put in the QDOS assessment stating that if any 'omissions/errors' occur in the completion of the questionnaire than any IR35 liability will switch from end client to PSC.
It seems to me that the end-client, supported by their 'leading' recruitment partner, have spotted an opportunity to absolve themselves of responsibility if HMRC come knocking in that if HMRC argue that an out of scope should have been in scope, the client/agency will blame it on the supplied questions and therefore transfer financial liability. As with the whole IR35/CEST situation we have had to answer questions on how we would operate e.g. provide substitutes without seeing the agency:client contract on what in reality would be expected if enacted.
Long first post I know, but others may be interested in thoughts about transfer of liability.
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