BAUER & COTTRELL IR35 ASSOCIATE MEMBERSHIP SCHEME

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1 BAUER & COTTRELL IR35 ASSOCIATE MEMBERSHIP SCHEME 1

2 BAUER & COTTRELL IR35 ASSOCIATE MEMBERSHIP SCHEME IR35 status is the most important decision that has to be made not only when an individual is starting out as a contractor but also for each and every contract that is undertaken. IR35 has never before seen so much attention, from Government, HMRC and the media. We have a huge increase in investigations and we have the spotlight on those engaged within the public sector. The days of ignoring IR35 or managing around it are long gone. Those affected by IR35 are seeking accountancy service providers with the appropriate level of skills, or access to such skills, who can provide technically accurate advice and guidance on their IR35 status. End clients and agencies too need to demonstrate a reasonable understanding of IR35. Simply stating that contracts are IR35 friendly is not good enough. Why should I consider this Associate Scheme? If you can answer no to any of the following questions you may want to consider becoming a Bauer & Cottrell Associate. Are you completely up to date with IR35? Do you know what changed in May 2012? Do you know how IR35 enquiries are now handled? Do you know what has changed for IR35 for those engaged in the Public Sector? Do you train your sales staff in IR35 and/or give them rapid access to IR35 experts? Do you thoroughly review the client s day-to-day working practices? Do you put your IR35 opinion in writing? Do you defend your clients against HMRC for free? If you can answer yes to any of the following questions you may want to consider becoming a Bauer & Cottrell Associate. Do you believe that the traditional use of contractors in certain industries automatically puts them all outside IR35? Do you believe that the risk of an IR35 enquiry is so small that IR35 is not worth bothering about? Do you believe that having IR35 insurance or being part of a membership organisation protects clients from IR35? Do you just look for a substitution clause in a contract to put the engagement outside IR35? Do you just look for a lack of mutuality of obligation clause in a contract to put the engagement outside IR35? Do you just look for a lack of control clause in a contract to put the engagement outside IR35? 2

3 Are you uncomfortable telling clients that they should be operating inside IR35? Do you think dealing with IR35 properly is too costly? Are any of these statements true for you? We have to pay for various badges of IR35 compliance or accreditation to keep up with the competition. We have had some IR35 training for a couple of the senior staff but have not trained the sales team. We try to distance ourselves from IR35 because of the possibility of being found to be a Managed Service Company or because of the Transfer of Debt provisions. We used to pay a firm to do independent IR35 reviews but our clients are not prepared to pay for the service so we do what we can. We want to offer the best services and be fully supported and prepared when our client has to explain to HMRC why IR35 does not apply to them. Bauer & Cottrell Associate Scheme Bauer & Cottrell enjoys an excellent reputation, based on our principles of honesty and integrity. Our IR35 opinions consist of a comprehensive review of the working practices and the written contracts. We are able to negotiate appropriate changes to written contracts and have developed lasting relationships with agencies and end clients of all sizes. If our opinion is an outside IR35 one, then for our Guardian Plus service clients, we will defend them against an HMRC IR35 enquiry completely free of charge. It does not matter to us whether an engagement is inside or outside IR35. We just want to give an opinion that can be relied upon. We are currently dealing with lots of IR35 enquiries and dealing with a number of very distressed clients. Perhaps the most common things we hear these days are my accountant said it is OK for IR35 or the agency said it is an IR35 friendly contract or everyone who works here is outside IR35. It is a sad fact that many contractors have put all their faith in these remarks which have no substance and have often been used simply to gain a sale or secure a placement. If you share our principles and would like to be considered as a Bauer & Cottrell Associate please read on. If you are simply seeking another badge or think our association is just good for marketing then please stop reading now. What is included for each year of Association? Up to Date IR35 Material We will provide detailed IR35 material for your use and IR35 guides to include an explanation of the IR35 legislation, how IR35 is decided and the steps a contractor should take to review their status, fundamental status indicators to consider, the OTS Review of IR35, the IR35 Forum and the new HMRC IR35 administration process including the business entity tests, the Public Sector Off Payroll Assurance, relevant case law and the new IR35 investigation process. Updates will be provided as necessary together with any relevant articles e.g. Controlling Persons Consultation, interesting investigation cases etc 3

4 IR35 Workshop Covering all of the above topics included in the material and any relevant updates, this workshop is designed to improve your staffs overall knowledge of IR35 and any associated topics and to understand the benefits of Bauer & Cottrell Association. This will be fairly informal with plenty of time for questions. Free IR35 Helpline We will provide you with an IR35 Helpline for you to use when needed. The helpline can be used by your staff and clients/contractors, including current and potential clients. Discounted IR35 Contract Review/Contractor Guardian Fees Significant discounts available to you and your contractors from our standard fees for our IR35 contract review and Contractor Guardian services. Events, Seminars and Client Meetings Significant discounted fees for attendance at your events, seminars or client meetings to offer expert support and guidance. We will attend for one 2 hour session per annum for which we will charge travel expenses only. Other meetings will be by arrangement. Bauer & Cottrell IR35 Associate Logo You will be provided with a Bauer & Cottrell Associate logo. The logo will be updated annually in line with your period of paid membership, providing reassurance to your clients and associates that your firm is knowledgeable and up to date with all IR35 matters. Link to our Bauer & Cottrell IR35 Associate Page We will place a link to your website on our dedicated IR35 Associate Page on our website. Links are only available for Associate Members. What does it cost? To become a Bauer & Cottrell Associate the fee is 2500 per annum plus VAT. Fees may be increased for some agencies or very large providers. Who should apply? This scheme is suitable for accountancy service providers, agencies and others providing services to or with an interest in IR35 and tax/nic status issues. 4

5 Benefits to you Demonstrates your commitment to ensuring your staff, clients and potential clients have access to the latest information, guidance and support on IR35 issues in association with Bauer & Cottrell who are independent and impartial. Demonstrates commitment to shared principles of honesty and integrity. Enhanced marketing and business development opportunities...and much more! Any small print? An IR35 workshop for your staff is a compulsory element of our Association and will be undertaken as soon as possible after payment has been received. This is aimed particularly at your sales staff. There may be a small additional cost to cover our travel arrangements to your location. It is not necessary to purchase any of our IR35 contract review services or to make use of any other Bauer & Cottrell services/material supplied as part of our Association. We do not want to be associated with any organisation or individual who does not share our principals of honesty and integrity or with those who blatantly ignore IR35 or mislead individuals regarding IR35 or any other legislation. We therefore reserve the right to terminate an Association, remove links and request the removal of Bauer & Cottrell material from web sites and from all marketing material. No refunds of fees in whole or in part will be made in these circumstances. How do I join? Firstly you may want to call us with any questions or to informally discuss the Associate Scheme Please complete an order form available from our web site at or call us and we will this to you. Please note that by completing an order form and making payment you are agreeing to the terms and conditions set out on the order form. Once your payment has been processed and cleared we will send you an invoice, marketing material (and any updates), helpline information and further details on discounted IR35 services available to you. We will also call to arrange your IR35 workshop. As soon as we have completed your IR35 workshop we will then issue you with the Bauer & Cottrell Associate Logo which will be dated from the point at which your payment has been cleared. We will list your details with a link to your web site on our IR35 Associate Page from the same date. Why not call us today? (C) Bauer & Cottrell Scheme launched December

6 Bauer & Cottrell IR35 Associate Scheme Reduced fee details Discounts on our IR35 services are ONLY available to our Associates. All IR35 Contract Review services (other than Contractor Switch) are discounted by 20 each. The largest discount is available by purchasing 25 of our Contractor Guardian Plus (CGP) service in advance. This is popular with our accountancy service providers, as you can choose which of your clients to provide the service to and most importantly each one covers for unlimited IR35 Contract Reviews, covering every contract, extension and renewal for a 12 month period. All Bauer & Cottrell IR35 Contract Reviews demonstrate that clients have taken reasonable care over their IR35 position, which provides some protection from penalties in IR35 investigation cases. CGP also provides FREE HMRC IR35 DEFENCE on all outside IR35 contracts reviewed to the point of Tribunal. Bauer & Cottrell provide the most comprehensive contract review service on the market. For each review we will: Review all contractual documents and a status questionnaire detailing the working practices Advise verbally whether the contract is inside or outside IR35 and discuss our reasoning In appropriate cases we offer our contract negotiation service. We will negotiate with the relevant agency and/or client to strengthen/amend the contract to ensure that it accurately reflects the true terms and conditions Provide a basic written report which includes the contract details and a simple summary of our opinion Provide an Assurance Certificate for those Public Sector client s contracts outside IR35 Work on a maximum 5 working day turnaround less in urgent cases For Contractor Guardian Plus clients, provide free of charge, HMRC IR35 Defence service to the point of a Tribunal covering all outside IR35 contracts reviewed under the service Contractor Guardian Plus- Prices for 25 purchased in advance. Contractor Guardian Plus Minimum Bundle Contractor Guardian Plus ( ) Fee ( ) Standard Price ( ) ,000 7,475 All stated prices are exclusive of VAT - Terms & Conditions apply Bauer & Cottrell Limited, 1 st Floor, Dunstable Street, Ampthill, Beds, MK45 2JP Tel: Fax: info@bauerandcottrell.co.uk