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IR35 negotiations - use employment rights to gain client cooperation
Contractors can use the threat of claiming employment rights as a bargaining chip with clients following two key rulings, says Andy Vessey of Qdos.
…s during contract negotiations, or during an HMRC IR35 enquiry . And if they lose an IR35 enquiry due to… …on their own professional business and enter into contracts to provide services to clients or customer,” cont… …m to secure cooperation from their clients during contract negotiations, or during an HMRC IR35 enquiry . An…
Category: Articles: IR35 | Wed, 10 Sept 2014

IR35 applies to office holders unless there is no personal service
It will apply to any contractor who becomes an office holder unless they can prove that personal service is not required.
…duties of an office for their client must operate IR35 . That is unless they can prove that the role doe… …Proving no personal service is a condition of the contract will be difficult to achieve for the vast majorit…
Category: Articles: IR35 | Tue, 25 Nov 2014

Contractors need the IR35 confirmation letter
Getting a confirmation of terms letter from the client could save you endless trouble and expense if you need to prove that you are outside.
…ppose HMRC asks you to prove that you are outside IR35? HMRC will potentially want to investigate all th… …r decision to operate outside of IR35 on all your contracts. And it will definitely want to see the contracts… …for the past 6 years, you will have to show every contract with your agent or agents, and proof of what the…
Category: Articles: IR35 | Wed, 01 Feb 2017

IR35 Court Cases: History of all cases and references to judgments
Interested in the IR35 court cases? Find here a list of all historic IR35 results and copies of the court judgments.
…Interested in the IR35 court cases? We list every single one here. The I…
Category: Articles: IR35 | Fri, 10 Nov 2023

Prove your contract is outside IR35 by collecting key evidence
Contractors generate evidence about it every day and by filing it they could halt an HMRC review at the outset.
…collect key pieces of evidence likely to halt an IR35 investigation before it even gets started. Typica… …tion and which is beyond what you were originally contracted for, and your relationship with the client is suc… …t was done and how long it took. 4. Tendering for contracts Tendering clearly demonstrates that you are in bu… …ng the client that you are taking time out of the contract and make sure you keep a copy of the email. Times…
Category: Articles: IR35 | Mon, 01 Nov 2021

Contractors can avoid IR35 by using substitutes, subcontractors and helpers
You can use other workers to help fulfil contracts and thereby prove those contracts are outside.
…actual use of a substitute is considered by many IR35 experts to be the closest thing there is to a ‘si… …an contribute to fulfilling the requirements of a contract, particularly if the lead contractor falls ill or…
Category: Articles: IR35 | Wed, 06 Jan 2021

Keeping control keeps IR35 away from contractors
To stay outside, you should ensure you are not under the supervision, direction and control of your clients.
…ients may also be likely to be found to be inside IR35 . Control is one of the key tests of employment u… …when determining control. This is because in many contracts the contractor is required to work on the client’… …requires doing, which was outside of the original contract. There are two aspects to the ‘what’ factor: Does…
Category: Articles: IR35 | Thu, 07 Jan 2021

Want to go contracting and earn more money? Follow these 6 easy steps to get started
Guarantee yourself more flexibility, more varied work and better rates of pay. Find out how to do it in six simple steps, here.
…available opportunities. Step 3 – Considering the IR35 status of the contract Having a contract within I… …The contracting sector is evolving as more professionals realise… …es come and go pretty fast. The large majority of contracts will require you to interview immediately or with… …chosen field of expertise, so securing your first contract shouldn’t take too long. Similarly, the nature of…
Category: Articles: First timers | Tue, 15 Nov 2016

Contractor doctor: can contractors take holidays when they want to?
This client has told the contractor that they cannot take off any time for holidays over the summer at all. Can they legally do this? Where does the contractor stand?
…a bit complicated because it involves issues like IR35 and right of substitution . The first issue is: w… …Dear Contractor Doctor, The client I’m contracting for had stated that until the current project goe… …egally actually force contractors to fulfil their contract every week day without taking time off? This seem…
Category: Articles: Contractor Doctor Q+A | Tue, 31 Jul 2007

Contractor doctor: can I get financial protection against an IR35 investigation?
How can a contractor protect themselves financially against an investigation.
…act tweaked by a law firm so that it appears more IR35 friendly. However, I am concerned that if HMRC ac… …Dear Contractor Doctor, I've had my contract tweaked by a law firm so that it appears more IR3…
Category: Articles: Contractor Doctor Q+A | Wed, 03 Jan 2007