Service Company Contractors and IR35

Designed for use for a range of trades and professions, these Service Company Contractors Agreements carefully regulate the relationship between a contractor’s Service Company and his clients. The documents included in this subfolder provide for an individual contractor to contract with a client through the contractor’s intermediary company (either a personal service or other intermediary company). The versions of these documents in the Self-Employed Agreements subfolder differ in that they provide for the contractor to contract personally with a client without the use of any Service Company or other intermediary company.

This subfolder contains a Contractor (Service Company) Agreement which may be used for a variety of different roles, a Clerical & Administrative Contractor (Service Company) Agreement which can be used for secretarial roles, and a Sales Contractor (Service Company) Agreement designed for a sales role which has a clause on commission.

This subfolder also includes a suite of updated and new template agreements which provide for freelance contractors who are hairdressers, beauty therapists, and nail technicians, to rent a chair from a salon through the freelancer's personal service company, either to serve the freelancer's own clients or to serve their own clients and any salon customers occasionally referred to them by the salon. This group of templates takes into account relevant legal and industry recent developments, including case law, employment law, IR35 tax rules, and VAT law.

These agreements ensure that the freelance contractor (working through their service company), is independent and that they are free to take on other clients.

The documents in this subfolder aim to minimize the risk that employment law, IR35 tax rules, or other legislation will have an adverse impact on the individual contractor and/or the service company. As explained in the information page accompanying each form of contract, these risks will nevertheless still exist, since the use of any of these forms of contract in itself cannot actually remove these risks. Professional advice should therefore be sought. The advice will need to consider the form of agreement to be used together with all of the circumstances and arrangements relating to the work, the contractor, the client and the Service Company.

Further information and guidance on IR35 can be found here.

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