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IR35 & Substitution
IR35
�ercised right of substitution (RoS) clause is the IR35 silver bullet you need to pass IR35. Here's how t� �ing a substitute means you could enjoy 3 years of contracting, according to HMRC’s business entity tests. If yo� �allow it. A valid right of substitution clause in contracts is a great defence of your outside IR35 status Co�
Category: IR35

No IR35 precedent set for contractors by island consultants case, experts say
The IR35 case lost by Island Consultants before HMRC Special Commissioners last week does not set a precedent that will change the way contractors operate, as experts agree.
�Experts agree that the IR35 case lost by the Stour, West Midlands-based Islan� �problem for Island Consultants. All Lawspeed IR35 contracts (as opposed to our standard contracts) that our c� �of specialist skills towards STW’s project. Each contract was time based, namely 3 months. I would say that�
Category: News | Tue, 24 Jul 2007

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

Conservatives pledge to amend or replace IR35
Shadow Corporate Governance Minister Jonathan Djanogly says a future Conservative Government would review IR35 - either amending or replacing it.
�hat a future Conservative Government would review IR35 with the aim of amending or replacing it. He also� �lator is a leading independent website for the UK contracting industry – most of whom are highly skilled knowle� �prefer to run their own businesses and work under contract rather than become employees of specific companie�
Category: News | Tue, 30 Jun 2009

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 holiday pay ruling should make clients more supportive on IR35 status
Contractors could find clients much more helpful on IR35 status following a recent House of Lords ruling on holiday pay for ‘worker’ contractors.
�g clients to ensure their contractors are outside IR35 . This follows the recent Stringer v HM Revenue &� �of sub-contractors should be reviewing their contracts already in place and any new contracts as a matte� �nt,” explains Taylor. “Firstly, there has to be a contract in place. Secondly, the worker is personally requ�
Category: News | Mon, 03 Aug 2009

IR35: HMRC’s reliance on client evidence is failing, saving one contractor over £50k
Accountax’s IR35 victory on behalf of a PCG client shows that HMRC’s reliance on client evidence is failing, as did its previous focus on contracts.
�HMRC’s latest strategy of attempting to win IR35 cases by using client testimony to claim contract� �e early days of IR35 was to focus on contractor’s contracts. As a result, contractors have learned how to hav� �ts the importance of contractors undertaking IR35 contract reviews before signing a contract , and then keep�
Category: News | Wed, 19 Aug 2009

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

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

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