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Are you being kept in the loop about the IR35 status of your next contract?

Here’s how to make sure you are….

With blanket assessments and fair determinations in mind, it's important that both the client and agency you are working with are keeping your interest at the forefront of their decisions when it comes to IR35. After all, without you there's no project at all. With that in mind, we've outlined a brief rundown on the questions to ask to make sure that whatever side of the line your contract falls on you can be safe in the knowledge that it'll be right decision.

To begin, there are 5 main parts to any IR35 assessment that need to be considered, these are:

  • How the contract is written
  • Mutuality of Obligation
  • Part & Parcel
  • Right of Substitution
  • End Client Control
…

Both the end client and agency you’re working with should be able to give you an answer to these questions if they have determined the IR35 status of a role, and it is especially important that you know the answers to these questions if the role is deemed to be outside IR35. After all, IR35 is a two-way street, and whilst blanket banning all Personal Service Companies (PSC’s) is definitely not the way to go, leaving yourself exposed by accepting a potential role quoted as being outside IR35 without any evidence is a very risky path to tread.

Your answers to the questions above will be able to give you an indication of your IR35 status, however they are not to be taken as a clear stance on which side of the fence you fall on. It is recommended that you get a full IR35 determination completed with a Status Determination Statement attached, this should also be supported with Tax Liability and Legal Expenses Insurance to ensure that you are covered in all eventualities.

The Candidate has partnered with an IR35 assessment service to ensure that all of our assignments come with a full IR35 determination that is completed and agreed upon by all parties in the supply chain. So, you can have the peace of mind that, A. Your contract is being assessed properly, and B. That any determination made won't leave you exposed to the HMRC.

If you want to know more information about IR35 determinations, chat with us about how we complete our assessments or have an indicative assessment completed for your next role please get in touch with us on [email protected] or call 0161 833 1044.

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