PCG Newsletter - 23rd September, 2001
- 30/01 Contracts Update
In this issue:
- New PCG draft contracts
- PCG fringe meeting at Labour conference
- Analysis of latest IR FAQs
- Client Briefing Document
- PCG AGM & Conference
- Regional - Do you do business around Peterborough?
- Members Resolutions Regional - Real Life Meetings
New PCG draft contracts
From early morning, Monday 24th September new versions
of PCG draft contracts will be available.
The first PCG sample contracts were issued in March 2000
and provided guidance as to the form and content of a typical
"business to business" contract for services � i.e. contracts
that would place their users outside of IR35 - provided
the contracts reflected the reality of the relationship.
Draft agreements were published to cover both the situation
where the contractor�s company worked direct to the end
client, as well as the more common situation where the contractor�s
company has a contract with an agency, which in turn has
another contract with the end client.
In light of comments made by the judge at the judicial
review, the contracts have been reviewed and updated. A
number of suggested approaches were considered including
the use of framework agreements. However, it was decided
to use the existing drafts as the basis for revised contracts
as these are now familiar in the market place.
Anne Redston, partner at Ernst & Young, has reviewed the
new PCG model contracts and confirmed that:
"These contacts reflect the current case law which determines
whether someone is inside or outside IR35.
Where the 'direct' contract, between the client and the
supplier, is put in place and it accurately reflects the
relationship between the client and the worker, then, based
on current case law, the contractor will not be caught by
IR35.
Similarly, where the 'back-to-back' contracts between the
client, the agent and the supplier are put in place, and
they accurately reflect the relationship between the client,
and the worker, then based on current case law, the contractor
will not be caught by IR35."
It is a great result for PCG to obtain such a clear view
from Anne, who is well known in the accountancy world, where
her opinion is greatly respected by all � including the
IR. The latest version 5 contracts are available from PCG:
https://www.pcgroup.org.uk/resources/ir35_contracts.html
PCG fringe meeting at Labour conference
PCG is running a fringe meeting at the Labour party conference
in Brighton on Wednesday 3rd October from 6pm.
All members are urged to write to their MPs to invite them
to attend - and members themselves are very welcome. The
meeting will address �The Case for Freelancers, Small Business
and the Self-employed� and guest speakers include Tony McWalter
(Labour MP for Hemel Hempstead) and Nigel Lockett of Lancaster
University Management School. Andy White will speak for
PCG. For meeting details, letter templates and link to your
MP�s address: https://www.pcgroup.org.uk/fringe.html
Analysis of latest IR FAQs
A full commentary and analysis from PCG of the recently
published Inland Revenue FAQs on IR35 is available. The
analysis from Kevin Miller explains the latest information
� and how members should use this. https://www.pcgroup.org.uk/resources/ir35_state.html
Client Briefing Document
PCG is gaining some early success and positive feedback
from clients who have seen our client briefing document.
Please point your clients to this (public) resource: https://www.pcgroup.org.uk/clients
PCG AGM & Conference
Be sure to check out the excellent programme for the York
conference. The conference offers an excellent opportunity
to not only meet fellow members, but many of the PCG legal,
accounting and tax advisors will be in attendance, as well
as the Directors. This week we have added further information
on travel � eg York is just 2hours and �38 from Kings Cross
- As well as info on local tourist attractions and hotels
if you are bringing family. https://www.pcgroup.org.uk/members/conference2001/index.html
Regional - Do you do business around Peterborough?
Do you do business in Peterborough, Cambridgeshire or Lincolnshire?
If so you will want to consider sharing a stand with fellow
PCG Members at the Business Focus Exhibition to be held
in Peterborough on October 17th.
Billed as the Business Event of the Year it is being advertised
in local press and radio as well as regional marketing through
fliers and guides. If you are an engineer you will be particularly
welcome, to show the breadth of services that members of
the PCG can offer.
More details including cost can be found on the PCG Forums
https://www.pcgroup.org.uk/threads/showpost.pl?f=Commercial-4876&p;=0&v;=c&s;=5
or email Ian at
[email protected]
Members' resolutions
There is a members' forum on the site where members can
post their own resolutions and seek support. Current 'live'
resolutions can be viewed at: https://www.pcgroup.org.uk/threads/wwwthreads.pl?a=l&f;=28
PCG is still reliant on contributions from members to fund
the legal challenge. Members who wish to contribute to the
fund should go to: https://www.pcgroup.org.uk/members/legal/legalpledge.html
REGIONAL NEWS
Real Life Meetings
For the latest information and to start a local group
see https://www.pcgroup.org.uk/threads/wwwthreads.pl?a=l&f;=meet
To promote your local meet through the newsletter - email
[email protected] with REGIONS in the subject matter,
details of the event and a name and email contact point/or
phone number for further information.
Thames Valley
The Thames Valley group now follows a rotating schedule:
1st Tuesday of each month
Basingstoke
2nd Wednesday of each month
Farnborough
3rd Thursday of each month
The Ship,
East End and City CLC
Wednesday 26th September Dirty Dicks, Bishopsgate,
opposite Liverpool Street Station followed by a curry on
Brick Lane
Herts / Welwyn
Date: Thursday, 25 October Time:
7:30 pm onwards
Venue: The White Horse,
Mill Lane,
Welwyn
Please follow this link to Real Life meetings to get involved
https://www.pcgroup.org.uk/threads/wwwthreads.pl?a=l&f;=meet
Susie Hughes
(Head of Executive Services)
This newsletter is published by the Professional Contractors
Group. Please feel free to circulate the newsletter to other
independent contractors who you know, and who may be interested
in joining the PCG. Some links in the newsletter will take
you into the password-protected members' area of the PCG
website. If you have forgotten your password, contact https://www.pcgroup.org.uk/scripts/public/access/form.pl
To view the Forum links in this newsletter, you must
be first logged into the Forum. Further details available
at https://www.pcgroup.org.uk/members/discussion_forum.html
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