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Do you know about the ‘duck test’ – written freelance contracts and IR35

Contracts and IR35

Most business owners have only a hazy idea of IR35.   Some think it is only about people in the building trade.  But it applies to all types of contractors.

Having a proper written contract is a great way to protect your business when it comes to HMRC and IR35.   If you manage your contractor in accordance with the contract (and the contract sets out an arrangement that would not be subject to IR35) then you, and your accountant (when you have spoken to them) can rest easy.   At least for a while.   The courts are not entitled to go behind the contract except in very limited circumstances.

They are:

  • When the contract isn’t adequate to set out all the arrangements
  • One or more written terms have been varied by agreement
  • One or more written terms are a ‘sham’

Our emphasis on creating contracts that reflect REAL agreement helps you make sure your contract is not a sham and we take real care to set out all the appropriate arrangements that should be in your standard freelance agreement.

Beware of the ‘duck test’

 

HMRC and IR35

If you like your ‘duck test’ set out in legal and technical terms here is the link to the relevant part of HMRC’s guidance.   Please note that HMRC are consulting on changing IR35 – see our earlier  post .

Check out our contracts and agreements

We’d love you to check out our REAL agreements for freelancers who invoice you from their company.   Your accountant would love it too.

We have loads more than we have on this site – so take alook and if the one you need isn’t there – talk to us – have the conversation.

020 3887 0500 (local call rate charges apply – not supercharged ones)  or  advice@koffeeklatch.co.uk

 

Please share this post with someone you know who is paying freelancers .

Annabel Kaye

The perfect business contract protects more than just your boundaries. The perfect business contract protects your clients in relation to things like Copyright, IP, GDPR, scope-creep and all the other things that eat away at your profitability. Book me to speak at your event or ask about becoming an affiliate. Check out our contract shop and GDPR support today and start earning what you should in your business.

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