Common IR35 Errors Guide - Part 2

As promised, here is our 'Common IR35 Errors' part 2.

  1. “I had my contract reviewed and it failed, so I am definitely inside IR35.”

Questions and queries concerning contract compliance are always difficult, as having a good contract in place is obviously so important. As many will already know, in the event of any IR35 activity, the contract will be the first port of call, thus negative wording can have detrimental effects on the outcome of a potential enquiry.

Having said this, it must be made clear that IF the working practises are in fact compliant, and this is confirmed by an end client, then this can outweigh any written agreement in place. Beware however, as many agencies will not correspond with anyone who does not have a passed review, regardless of how justified their working practises may be.

(As a recommendation, if your contract is poor and cannot be rectified, then it is highly advisable that a confirmation of working arrangements is put in place directly with your end client. Although this is not a sure fire way of justifying a failed contract, it can hold significant weight.)

Look out next week for the third common IR35 error.

By:Troy Stevens

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