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IR35 Company Agreements

Freelancer Agreements

These Freelancer Agreements provide for self-employed freelancers contracting through an intermediary company. This may be a personal service company (PSC) or some other intermediary company, rather than directly/personally as a self-employed sole trader.

Where the freelancer operates individually as a sole trader, the appropriate selection of templates should be made from the Freelancer Contracts.  

The selection of Freelancer Agreements listed below carefully regulate the relationship between client and freelancer and can be applied by freelance contractors across many businesses and professions. In addition to a generic Freelance Agreement there are a number of templates specific to publishing, digital marketing, graphic design and web/software/app development.

The application of the templates alone cannot guarantee the status of the freelancer as self-employed, so professional advice should be sought in this respect. The advice will need to consider the content of the document together with all the circumstances and arrangements relating to the work, the freelancer and the client.

To assist with understanding the issues relating to employment, self-employment and IR35, Business subscribers can download Guidance Note on Employment, Self-Employment and IR35.  For additional information please click on IR35, Employment and Self-Employment.

Freelancer Agreements is part of Business . Just £38.50 + VAT provides unlimited downloads from Business for 1 year.

Frequently Asked Questions

I'm taking on a freelancer who invoices through their own company. Which agreement do I need? +
Use these Freelancer Agreements where the freelancer works through an intermediary company, such as a personal service company, rather than personally as a sole trader. You contract with the company, which supplies the freelancer. If the freelancer operates individually as a sole trader, use the Freelancer Contracts in the Self Employment and Freelancer Contracts group instead.
Who owns the copyright in work a freelancer creates for me if we have no written agreement? +
By default the freelancer, or their company, owns the copyright as the author of the work, even though you paid for it. You may only get an implied licence to use it for the purpose it was commissioned for. To own the copyright you need a written assignment signed by the owner, which these agreements provide. Without it you can find you cannot freely reuse, adapt or sell the work.
Are there freelancer agreements tailored to particular types of work? +
Yes. As well as a general freelance agreement, this group includes templates aimed at specific fields, including publishing, digital marketing, graphic design and web, software or app development. Choosing the version that fits the work helps make sure the right issues are covered, such as deliverables, rights in the material produced and how the fee is calculated.
Does signing a freelancer agreement make the freelancer self-employed for tax? +
No document can guarantee that. Status depends on how the work is really carried out, not just the paperwork, and the off-payroll rules can still apply where the freelancer works through their own company. A clear agreement supports a genuine business to business relationship, but HMRC can look at the reality. Where it matters, check the position, including with HMRC's Check Employment Status for Tax tool.
What should a freelancer agreement cover to protect my business? +
A good freelance agreement should define the services and deliverables, the fee and payment terms, who owns the intellectual property in the work, confidentiality and how either side can end the arrangement. For creative and technical work the intellectual property terms matter most, because without a signed assignment the freelancer keeps the rights. These templates address those points and can be tailored to the specific project.
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All IR35 Company Agreements

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