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The IR35 debate has been going on for many years now, yet some IT
contractors appear not to be putting up much fight.
Often contractors believe the governments biased advice, and think they
will be caught, rather than actually question it themselves.
There are also contractors who have decided to take action since they believe
the government is wrong, but then fully trust their agent when they are
told that their contract is IR35 compliant.
There are also contractors who use their accountant for legal advice on
contracts.
Getting Good IR35 Legal advice
There are still contractors who decide to take it on themselves to decide if
their contract is IR35 compliant. Worse, some believe their agent who tells
them the contract was compliant when often it is not.
A common theme is 'standard contracts' being made 'IR35 compliant' by
only putting in the substitution clause whilst still failing on the Right of
Control, termination clauses etc etc - it is worrying.
Some questions:
-
Would you go to your lawyer to do your accounts?
-
Would you go to an IT employment agent to discuss legal contracts?
-
If you went direct to clients, would you let your clients impose contracts on
you without it being checked by your own lawyer?
I would hope the answer to all those is 'NO'.
The moral of the story......
Use the right person for the right job.
Published: Tuesday, June 20, 2000