riche71
29th Apr 2001, 02:50
I have had some information from the inland revenue about why us connies are in ir35.
The contractor or the contractor's staff agrees :-
to be present at certain times and for a certain number of hours each day or week subject to some variation.
to accept the direction of anyone in the clients organisation to whom there is a requirement to report and to comply with their reasonable instructions.
not to subcontract to any third party any part of the agreed assignments.additionally the contractor cannot subcontract any part of the services without the prior written consent of the company and accordingly is not a genuine substitution right, as a personal service can be insisted upon.
that the contractor is under the direction and control of the client.
that the contractor will be paid at an hourly, daily or weekly rate.
that the contractor will complete a timesheet to be certified by a representative
of the client.
all intellectual property rights, patent rights and copyrights shall be the exclusive
property of the company.
Further this direction from the taxman is more recent.
As the re-drafted contract with AN AGENCY does not contain sufficient information in order to offer such an opinion,I will require
sight of the contract between AN AGENCY and the user/client before I would proceed.There may also be the need to speak to someone representing the client.
Accordingly and if you wish me to give an opinion, I will need to ascertain the facts of the engagement and will need sight of any other documents relevant to the engagement including but not limited to :
1.Details of how the engagement was obtained and the recruitment procedure together with a copy of any adverts for the work in question.
2. A description of the nature of the services to be performed together with any job or work specifications for the contract.
3. Copies of any tender made by the contractor.
4. Details of how and who allocates the work and the role you play within the clients organisation ie do you work alone or as part of a team.
5. A copy of the contract between the client and AN AGENCY.
6. A copy of the schedule of the assignment,
which was mentioned but not submitted along with the said contract.
7. The reporting structure relevant to the engagement and the name and telephone number number of the clients representative.
8. Details of any additional contractual terms not included within the written contracts, whether oral, written or implied.
You can of course include any other information that you believe will enable me to assess the working relationship that would have existed between yourself and the client if you had contracted directly with the client.
Any views?
The contractor or the contractor's staff agrees :-
to be present at certain times and for a certain number of hours each day or week subject to some variation.
to accept the direction of anyone in the clients organisation to whom there is a requirement to report and to comply with their reasonable instructions.
not to subcontract to any third party any part of the agreed assignments.additionally the contractor cannot subcontract any part of the services without the prior written consent of the company and accordingly is not a genuine substitution right, as a personal service can be insisted upon.
that the contractor is under the direction and control of the client.
that the contractor will be paid at an hourly, daily or weekly rate.
that the contractor will complete a timesheet to be certified by a representative
of the client.
all intellectual property rights, patent rights and copyrights shall be the exclusive
property of the company.
Further this direction from the taxman is more recent.
As the re-drafted contract with AN AGENCY does not contain sufficient information in order to offer such an opinion,I will require
sight of the contract between AN AGENCY and the user/client before I would proceed.There may also be the need to speak to someone representing the client.
Accordingly and if you wish me to give an opinion, I will need to ascertain the facts of the engagement and will need sight of any other documents relevant to the engagement including but not limited to :
1.Details of how the engagement was obtained and the recruitment procedure together with a copy of any adverts for the work in question.
2. A description of the nature of the services to be performed together with any job or work specifications for the contract.
3. Copies of any tender made by the contractor.
4. Details of how and who allocates the work and the role you play within the clients organisation ie do you work alone or as part of a team.
5. A copy of the contract between the client and AN AGENCY.
6. A copy of the schedule of the assignment,
which was mentioned but not submitted along with the said contract.
7. The reporting structure relevant to the engagement and the name and telephone number number of the clients representative.
8. Details of any additional contractual terms not included within the written contracts, whether oral, written or implied.
You can of course include any other information that you believe will enable me to assess the working relationship that would have existed between yourself and the client if you had contracted directly with the client.
Any views?