• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

IR35 assessment - who is the end client

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    IR35 assessment - who is the end client

    Consider this.
    Contractual chain: My LTD -> Agency -> My Client

    My client has been awarded a big project by "Company Knows-Nothing-About-My-Working-Arrangements".
    I have been contracted to work on that project; working arrangements agreed between me and My Client. Company "KNAMWA" have no idea what, how, where I work.

    I have never been in contact with "KNAMWA". They now want to send me information regarding my IR35 Assessement.

    What the f*** do I make of this?

    PS. My client already deemed the role outside.

    #2
    You find an article explaining who makes the assessment and the difference between providing service offering to clients client or providing personal work to.

    They may be able to deduce that they aren't on the hook for the determination if it's the former.

    Didn't read it fully but something like this I think
    Does IR35 apply to contracted-out services?
    Last edited by northernladuk; 24 February 2020, 17:42.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

    Comment


      #3
      Originally posted by zonkkk View Post
      Company "KNAMWA" have no idea what, how, where I work.
      On the face of it, this points very strongly towards an outsourced supply of services so, taken at face value, I think your client's client is a clueless muppet. Then again, they got your name from somewhere, so perhaps the relationship between your client and your client's client isn't really "face value".

      Either way, this is one of several aspects of the legislation that is a circus act. You will need to speak to your client to determine whether it qualifies as a fully outsourced supply of services, based on deliverables, rather than a supply of labour, based on people performing roles. Your client knows their contract with their client. Perhaps your client simply responded to a request from their client without really thinking or understanding, in which case the two of them will need to straighten things out.

      Comment


        #4
        Oh, and if your client's client is one of a small number of big companies that are enforcing no PSCs anywhere in the supply chain, then you're stuffed, but this is the exception rather than the rule. I doubt it, because the communication probably would've been different in that case.

        Comment


          #5
          Originally posted by northernladuk View Post
          You find an article explaining who makes the assessment and the difference between providing service offering to clients client or providing personal work to.

          They may be able to deduce that they aren't on the hook for the determination if it's the former.

          Didn't read it fully but something like this I think
          Does IR35 apply to contracted-out services?
          Thanks for this. I have seen the contract between my client and their client.

          It mentions nothing about resources to work on the project, etc. It only contains a list of deliverables and fixed cost for each of them.

          Also, this is a bespoke project that has no involvement from my client's client, other than provide the inputs.
          Last edited by zonkkk; 24 February 2020, 19:55.

          Comment


            #6
            Originally posted by zonkkk View Post
            Thanks for this. I have seen the contract between my client and their client.

            It mentions nothing about resources to work on the project, etc. It only contains a list of deliverables and fixed cost for each of them.

            Also, this is a bespoke project that has no involvement from my client's client, other than provide the inputs.
            Yeah, that's going to be a fully outsourced service, so either the client's client has made a pointless request or they want to control the supply chain in a much more aggressive way (i.e., "no PSCs") or they simply want a record that their supplier is taking the rules seriously, given that the entire supply chain is potentially at-risk. In terms of the latter, you would need to convey more about the nature of the request from the client's client (e.g., notification of their intention to deliver an SDS vs. a request about what their supplier is doing). I would predict that either the client's client has made a bogus request or that they want some evidence of a compliant supply chain, but are not intending to complete an SDS themselves.

            Comment

            Working...
            X