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Contractor Doctor: No substitution but can hire subcontractor: what’s my IR35 status?
Contractors with client restrictions on rights of substitution may find hiring a subcontractor achieves the same goals.
�my place. This makes me slightly nervous about my IR35 status However, a contractor colleague has sugges� �e employed Andy Vessey, Qdos Consulting “In a contracting context, the work completed by the sub-contractor� �s’ claims to be working outside IR35 on their own contracts. The implication of the client saying ‘no substit� �hs. Although I have a right of substitution in my contract, my feeling is that the client would baulk at all�
Category: Articles: Contractor Doctor Q+A | Wed, 15 May 2013

Contractor Doctor: Client wants to move me to a new project. I don’t want to. Help!
Contractors don’t have employment rights but are protected by contract law, so a client can’t change the contract without the contractor’s agreement.
�my original contract; surely this might affect my IR35 status? My client wants me on a new project and I� �ich is not the behaviour of a skilled independent contracting expert, but of an employee. This is likely to be� �s no legal requirement for the contractor to move contracts and start a new project. Without the contractor’s� �ed company, about two thirds of the way through a contract with a major financial institution. The client wa�
Category: Articles: Contractor Doctor Q+A | Wed, 13 Oct 2010

Contractor Doctor: If I sign a confidentiality agreement in my name am I inside IR35?
Contractors asked to sign confidentiality agreements in their name, and not their limited company’s, are unlikely to be at risk.
�with a new client. I had my contract checked for IR35 by a consultant and it received the all-clear. Bu� �a confidentiality agreement. Good luck with your contracting! Contractor Doctor� �rganisation and therefore not bound by employment contracts. Clients can’t change contractual terms, in theor� �ctor and I’ve just started work on a six-month IT contract with a new client. I had my contract checked for�
Category: Articles: Contractor Doctor Q+A | Mon, 31 Jan 2011

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

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

Off-Payroll audit guide: Why client and agency cooperation is key to compliance
Clients and recruitment partners need to work together to achieve compliance and avoid the financial and criminal risks posed by Off-Payroll.
�lient. HMRC is also known to ‘play the spaces’ in IR35 tribunal cases. Should a case make it to tribunal� �f tax evasion. Establishing policies and drafting contracts which convey compliance will not alone rid client� �ssary financial analysis to determine the amended contract fees that they can afford to offer contractors. T�
Category: Articles: Off-Payroll (IR35) Reforms | Mon, 14 Sept 2020

CEST-gate and DWP’s £87m – to win, don't play the game
IR35 Shield CEO Dave Chaplin analyses the latest episode of CEST-gate and explains why the only winning move is not to use CEST at all.
�IR35 Shield CEO Dave Chaplin explains why there may be� �ces created by newbies to the market based around contracts and processes that mean you can answer CEST in a� �ary substitution rights who all think that simple contract caluse and demonstrating that you might know some�
Category: Articles: Off-Payroll (IR35) Reforms | Tue, 31 Aug 2021

Contractor Doctor: If my client blocks a substitution can I claim breach of contract?
Contractors refused their right of substitution may find their client in breach, and termination could be one outcome, says Roger Sinclair of Egos.
�illing the contract to specification and as to my IR35 status. If my client blocks a substitution, can I� �forming the very services that the contractor has contracted to perform; thus the client is preventing the con� �before the contract begins.” Good luck with your contracting! Contractor Doctor� �stitution provisions in the upper and lower level contracts, and if the client refuses to allow a substitutio� �n , even though it was expressly written into the contract, which leaves me concerned both about fulfilling�
Category: Articles: Contractor Doctor Q+A | Thu, 27 May 2010

Contractor Doctor: Can my client force me to work fewer hours than my contract says?
Is the client in breach of contract by forcing a contractor to take time off? It depends on the contract’s small print, says Roger Sinclair of Egos.
�r the period – and to pay in any event. Beware of IR35 “Although having a contract that requires the age� �tor Doctor, I am an IT contractor and have my own contracting limited company. I am currently in a contract wit� �ctors do get asked by clients to take breaks from contracts. And, according to Roger Sinclair of contractor s� �contracting limited company. I am currently in a contract with an end-user client, via an agency. My end-us�
Category: Articles: Contractor Doctor Q+A | Thu, 30 Apr 2009

Contractor doctor: what's the difference between temping and contracting?
There is a clear difference between contractors, temps, and agency workers.
�do the work for them. If you want to stay outside IR35 , you need to bear this definition very much in m� �or Doctor, I'm really attracted to the thought of contracting, but was wondering if you could tell me what the�
Category: Articles: Contractor Doctor Q+A | Wed, 19 Sept 2007