Opt In or Out on IR35 Role? Opt In or Out on IR35 Role?
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  1. #1

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    Default Opt In or Out on IR35 Role?

    Got a new Inside IR35 role and the agency sent me a Opt Out contract, which I thought was hilarious if I am inside IR35.

    Just so I don't say something stupid, it makes sense to me that any IR35 contracts would be Opting In? Wasn't the whole point of opting out meant for LTDs?

  2. #2

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    Agency Conduct Regulations and IR35 - Brookson

    If the Regulations do not apply, there is no requirement for an agency to consider them. However, most agencies err on the side of caution and assume that the Regulations will apply to your assignment and draft the contract accordingly, or ask you to opt-out.
    We've done opt in/out to death. There even used to be a big sticky about it but it looks like it's been de-stickied.

    Use the Google search by typing something like

    Opt in site:forums.contractoruk/forums
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    You can't opt in, you're in unless you opt out properly. Which means an agency form almost certainly doesn't qualify. But since none of the opted out provisions will apply in any meaningful way to an inside IR35 position in this brave new world, I'd be tempted to sign it and ignore it. The time to argue about it is when one of its conditions gets triggered, rather than risk getting the gig.
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    Quote Originally Posted by northernladuk View Post
    Agency Conduct Regulations and IR35 - Brookson



    We've done opt in/out to death. There even used to be a big sticky about it but it looks like it's been de-stickied.

    Use the Google search by typing something like

    Opt in site:forums.contractoruk/forums

    Cheers for that, I read up on it a few years back and always opted out as a contractor. From what I remember the whole point of opting out was another tick box against IR35, but now it would make sense that everyone is opting in, after all we get no overtime, no holiday, no sick pay etc... so 48h+ a week... sure NOT

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    Quote Originally Posted by Drei View Post
    Cheers for that, I read up on it a few years back and always opted out as a contractor. From what I remember the whole point of opting out was another tick box against IR35, but now it would make sense that everyone is opting in, after all we get no overtime, no holiday, no sick pay etc... so 48h+ a week... sure NOT
    Not at all. Nothing to do with IR35 despite what some of the articles say.
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