Why have your contract reviewed

by The Editor at 10:06 25/01/06 (News from Partners)

Under IR35, freelancers need to have shown that they have undertaken ‘reasonable steps’ to ascertain that their status lies outside of IR35. Qdos Consulting looks at how a contract reviews fits within that criteria.

Linda Eales of Qdos Consulting writes: By having your contract reviewed by a professional you have demonstrated an awareness of the IR35 legislation and built up a defence prior to being investigated. Once you have ensured your contract is compliant and that the intention behind it is to maintain your independent status you should then closely examine your working practices to ensure that they reflect the terms and conditions of the contract. Having carried out the relevant checks and obtained professional advice you are now in a position to demonstrate to the Inland Revenue should you be selected for a PAYE audit or an investigation, that you were fully aware of the IR35 issues and that you have carried out a personal review of your circumstances and are happy that you fall outside the scope of IR35. Advertisement Should the Inspector disagree you can at least demonstrate and have the armament in place that the issue has been considered and that you have acted in good faith in the knowledge you fall outside IR35. If the Inspector succeeds in wining the dispute but recognises your efforts to properly assess your status they may adopt a lenient approach when considering earlier years. Qdos Consulting are offering Shout99 readers an IR35 Contract Review at the discounted rate of £75 plus VAT. The reviews are a full and frank appraisal offering suggestions on how contracts can be improved where necessary. If required Qdos will liase with agencies or end clients, however, this services is not included in the review cost but is charged at our hourly rate of £90 plus VAT. -- The Editor

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