Search Results

Contractor contract reviews by a legal specialist
Requesting a formal contract review from a legal expert before signing can save contractors from future headaches if something goes wrong.
…legal specialist, who would not only evaluate the IR35 implications but also confirm that the contract i… …ly use advisers with a strong track record in the contracting sector and who have experience of contractor, age… …ealing with legally binding, business-to-business contracts on an ongoing basis. But many contractors sign th… …ractors are so called because they do just that – contract with clients to perform specific projects in exch…
Category: Articles: Legal | Fri, 05 Jun 2009

What to do when agencies refuse to change contracts
Contractors with unacceptable contract clauses that their agency refuses to change have a range of negotiating strategies they can apply.
…ance to negotiate on their behalf. How to counter IR35-unfriendly clauses Although having clauses puttin… …in-house legal expertise to reword and customise contracts at short notice. Some agents might also prefer si… …Contractors who commission a review of a new contract may often find their legal experts flag a range o…
Category: Articles: Legal | Wed, 29 Feb 2012

IR35 future: Australia’s legislation to tackle false self-employment
Australia uses legislation designed to identify the personal services income (PSI) of contractor businesses, with higher taxes for those caught.
…tractor is taxed accordingly, similar to the UK's IR35 legislation . The PSI tests, enforced by Australi… …and construction professionals – could have their contracting income classed as PSI. However, where the cost of… …equipment is greater than 50% of the value of the contract, the income is not classed as PSI. So a contract…
Category: Articles: IR35 Review: Office of Tax Simplification | Mon, 27 Sept 2010

IR35 successor possibilities: what happens in the United States of America
If a successor adopted a US-style independent contractor test, then any replacement would financially penalise clients for misclassification.
…is is a trap HMRC must avoid when considering any IR35 changes or replacement. IR35 in the USA – IRS tes… …ch a replacement to IR35 could ultimately lead to contracts being offshored.… …ship’ – this includes factors such as the written contract, provision of benefits and a factor similar to mu…
Category: Articles: IR35 Review: Office of Tax Simplification | Mon, 06 Sept 2010

Main reasons making a contract fail IR35
Describes the main reasons why a contract will fail IR35.
…re is often no single reason why a contract fails IR35 and is normally a combination of reasons. One has… …current contract. With regular work and “rolling Contracts” the Revenue will argue that you are an employee… …ntroduction There is often no single reason why a contract fails IR35 and is normally a combination of reaso…
Category: Articles: IR35 | Wed, 13 Sept 2006

IR35 and substitution: substituting twice a year could save contractors thousands
Mounting evidence suggests that a contractor’s genuine right of substitution, if exercised, is the key status factor outweighing all others.
…determining factor placing contractors outside of IR35 . This is crucial, because with a contract that p… …of the services on their behalf then they are sub-contracting the work,” continues Vessey. “Paying helpers duri… …outside of IR35 . This is crucial, because with a contract that puts the contractor inside IR35, the typical…
Category: Articles: IR35 | Tue, 30 Sept 2008

IR35 future: what would happen if the UK copied Canada?
The employment tests in Canada are similar to the UK ones, but it is the client who gets punished if a contractor is found to be a disguised employee.
…t to a similar battery of employment tests to the IR35 tests used for those working in the UK. These tes… …actors, which could impact negatively on the UK’s contracting sector.… …and client. It asks whether the relationship is a contract of services , where the contractor is really an e…
Category: Articles: IR35 | Tue, 28 Sept 2010

Contractor HMRC inspections: do you have your IR35 life raft ready?
All contractors are HMRC investigation targets but will have nothing to fear with good preparation.
…hittaker of Qdos Consulting, which specialises in IR35 and legal matters for contractors throughout the… …ssential IR35 survival aids include: Ensuring all contracts are reviewed by an IR35 specialist Where possible…
Category: Articles: IR35 | Wed, 06 May 2009

Contractors staying outside IR35: setting expectations with a letter to the client
A contractor’s covering letter sent with a confirmation of arrangements to a client manages expectations.
…s that is likely to tip contractors straight into IR35 with all the financial implications that go with… …ional or knowledge worker whose business has been contracted to complete a specific project. As such, the cont… …r the rate or project fee and separate contract.’ Contracting’s part and parcel traps Finally, Vessey warns all… …s IR35 status will be determined by their written contract and the reality of the actual working relationshi…
Category: Articles: IR35 | Wed, 28 Apr 2010

Why contractors caught by IR35 cannot necessarily claim employment rights
Roger Sinclair of Egos dashes the hopes of contractors caught by it claiming employment rights from their clients.
…Contractors caught by IR35 and being taxed as if they were employees are oft… …y have been mistreated by the client and/or their contract has been terminated early . However, according to…
Category: Articles: IR35 | Tue, 20 Apr 2010