Consultancy Agreement — Step 1 of 10 — Online Contracts UK
← All documents
💼 Consultancy Agreement
Step 1/10
Step 1 of 10
Client
ℹ️ Consultancy Agreements & IR35 — Legal background

IR35 determines whether a contractor working through a PSC should be taxed as an employee. Agreements must reflect genuine independence: substitution rights, no mutuality of obligation, and control by the contractor.

  • IR35 applies if engagement looks like employment
  • PSC must receive an SDS (Status Determination Statement) from the client
  • Key tests: substitution, control, mutuality of obligation
  • Holidays, sick pay, and notice period language must be avoided
  • Indemnity clauses shift IR35 liability risk to client if SDS incorrect

Legal reference: Income Tax (Earnings and Pensions) Act 2003; IR35/Off-payroll rules 2021

← All docs