Search Magnifying Glass

Am I doing enough to be ‘outside IR35’?

IR35 Question

I currently work for between 5 & 10 companies each month. As all my work is remote. I use my own equipment and software licences. The hours I work are up to me. I’m comfortable that I’m outside IR35 for all my work.

It looks like I’ll still need to have my customers do something regarding my IR35 status next year. Question is, am I able to draw up the document on their behalf, then have them sign it?

IR35 Answer

Working remotely using your own equipment is certainly a positive pointer toward being outside of IR35, however such issues are not considered ‘key tests’ in relation to IR35. It is important to ensure you have the right to provide a substitute, have control over the provision of the services and that no mutuality of obligation exists between the parties. From April 2020 all medium and large sized end clients will be responsible for determining IR35 status and they will need to provide a ‘Status Determination’ document detailing whether they believe a contractor is inside or outside of IR35. There is nothing preventing contractors from drawing up such a document to offer to their client for their agreement, however end clients are not obliged to accept. You can access a template from Qdos here.

 

By Contractor Doctor

Comments

Add a comment

1 thought on “Am I doing enough to be ‘outside IR35’?”

  1. Nantwich

    “I currently work for between 5 & 10 companies each month”
    Surely this alone is enough to determine that the worker is outside IR35.

Leave a Reply

Your email address will not be published. Required fields are marked *