Can anybody recommend somebody who is writing contracts outside IR35? That would be for lorry drivers. Thanks.
It's not the contract but the reality that dictates IR3 status
May be better to not bother if this is true: https://www.bbc.co.uk/news/business-45822650
Some years ago I had a meeting with the 'area status officer' regarding an IR35 case. The client had a "100%guaranteed solid gold IR35 proof contract" (so he told me).
This was triumphantly presented to the inspector at the start of the meeting. He carefully put it to one side and pulled out a 105 point questionnaire, saying "let's look at the actual facts first". When the questionnaire was complete the inspector then looked to see if the contract was supported by the facts.
These cases will stand or fall on the facts, not the contract.
That is obviously true, but is hardly helps to have a problematic contract re IR35 in the 1st place, so the contract is still very important in that regard (a problematic IR35 contract would not have been put to one side by such an Inspector I can assure you - he would not have needed his long checklist then).
I take your point but, the inspector didn't even look at it, he simply shoved it to one side, so he had no idea what it said.
I must admit I have never seen a 'problematical contract', the problem I find is that the reality is inconsistent with the contract.
The off payroll rules would only change where the risk lies. If the facts support an outside IR35 assessment then the contract would also fall outside IR35 under the off-payroll rules too (which I don't think will go ahead unless the government are mad).
If they were rolled out to the private sector, end clients may make blanket or cautious assessments to treat the contract as inside IR35 since it is their risk now.
Try QDos or look at ContractorCalculator but it really depends on the facts and make sure the lorry driver follows the working practices agreed.
They don't rely on a checklist now, they visit(ed) the hirer and ask(ed) them directly "How does contactor Mr X work in/for your business?"
Not on one occasion but twice - travelled across the UK to do it - no expense spared, no potential 'employment status' stone left unturned.
Guess what their conclusion was?
The terms of the written contract were ignored by HMRC
HMRC have always paid more attention to the relationship between the contractor and the end client.
The contract is normally a secondary consideration, although obviously it is a good idea to have a compliant contract.