Are you in or are you out?
Experienced contractors will understand the value of an ‘IR35 friendly’ contract. This means the contract clearly sets out the business-to-business nature of the arrangement and will include specific clauses that demonstrate IR35 compliance, such as a good strong substitution clause.
We recommend two contract templates, drawn up by leading experts at Travers Smith solicitors, for those that wish to operate securely outside of IR35 and for those who wish to operate within IR35 and want to check that their working practices mirror the terms and conditions detailed in their contract.
It is worth noting though that a contract alone will not be enough to determine IR35 status. It will be just as relevant to look at what happens in practice and a court or tribunal may even ignore the contract if it does not reflect the reality of the relationship. Having said that, IPSE would strongly recommend getting a good contract in place as a starting point.
IPSE members are welcome to use these contracts for their own engagements.
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