IR35 Reviews

IR35 is an intricate matter, generally not something you should handle without specialist advice. That’s why we’ve chosen to partner with QDOS, who are IR35 specialists that can support with either a contract assessment or full IR35 review, either as part of your First Freelance package or for a discounted fee.

The difference between these two services is outlined below:

IR35 Contract Assessment
Included on our Enterprise package
£45 + VAT if not included on package
Full IR35 Review
£120 + VAT for Core, Flex, Vision or non-trading clients
£75 + VAT for Enterprise clients
Overall pass/fail opinion
Concise list of required changes
Liaison with agency if required
Overall pass/fail opinion
Concise list of required changes
Liaison with agency if required
Comments on each relevant clause and an IR35 guide for improved understanding
A full working practices review

* prices are subject to VAT. 

A contract review will indicate your assignment’s IR35 status and give you peace of mind that your status has been correctly determined and support you if you intend on appealing the decision made by your end client via the client led disagreement process.

How is your IR35 status determined?

The April 2017 reforms saw HMRC mandate a shift in responsibility on to the public sector hirer to determine IR35 status. For Private sector organisations, the obligation has remained on the contractor to determine IR35 status – but this was changed after the April 2021 reforms, shifting the responsibility to the hirer (unless they’re deemed as ‘small’ within the private sector).

There are many factors that will contribute to your assignment falling inside or outside IR35, but three of the largest determining factors are:

Mutuality of Obligation: The ability to prove the contract is not a ‘business as usual’ role validates that an assignment needs completing, as opposed to the hirer needing an additional resource. This confirms there is no obligation to provide work, nor for you to accept it (as would be the case in an employment relationship).

Substitution: Contractual clauses that mention your ability and right to substitute may indicate your position outside IR35, but the reality of your relationship is what will be considered; it should not be an employment type relationship.

Control: You should be able to carry out the assignment autonomously. This is usually demonstrated by the hirer not having control over how you carry out the work, nor tracking your progress or setting your hours. The level of control the hirer has over you will be considered carefully.

Get a review

If you’re an existing First Freelance client and you need an assessment or review, just speak to your dedicated accountant.

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