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The following is a clause from an agency contract I've recently received for review. A quick Google search shows that it is fairly common clause used by a number of agencies.
"The Consultancy shall procure that the Consultancy Staff, any sub-contractor or assignee performing the Consultancy Services warrant that they are not and do not operate as “managed service companies” as defined in section 61B of the Income Tax (Earnings and Pensions) Act 2003 but that they are personal service companies which are compliant in all respects with the IR35 Legislation."
Is there any downside to accepting this? Clearly deletion of 'personal' would be preferable, (especially as my company is not a one-man company and more than one person will be performing the services). The main question is - does being compliant with IR35 in any way imply my acceptance of being caught by the IR35 regs?
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delbois
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