IR35 Compliant Contracts - Freelance Sales

[FrankAbagnale]

Would anyone be able to recommend a solicitors or personal contact who could advise me on engaging the services of a freelance sales person?

In theory, the freelancer will have access to my companies systems, act for us in the generation of business and engage in sales.

I envisage remuneration will be a % of whatever income they generate - at the end of the every month, they invoice my company for the commission owed.

I'd like a good contract in place that does it's best at being IR35 compliant while allowing the freelancer to perform the role for my company.

[Eric Mc]

Are you expecting your sales person to operate through an intermediary vehicle - such as a limited company?

[FrankAbagnale]

Eric Mc said:

Are you expecting your sales person to operate through an intermediary vehicle - such as a limited company?

Yes, I would think so. Although, open to advice on that.

[Eric Mc]

FrankAbagnale said:

Yes, I would think so. Although, open to advice on that.

Be very careful. IR35 only applies to those who have been hired through an intermediary. If you hire somebody as an individual, you will not be looking at IR35.

Have you spoken to your accountant?

[FrankAbagnale]

Eric Mc said:

FrankAbagnale said:

Yes, I would think so. Although, open to advice on that.

Be very careful. IR35 only applies to those who have been hired through an intermediary. If you hire somebody as an individual, you will not be looking at IR35.

Have you spoken to your accountant?

I have a meeting with them next week. Would you suggest I wait for the outcome of that meeting before seeking further advice?

[Eric Mc]

I would certainly wait until you've had a good sit down session with your professional advisor before making any decisions.

If you hire an individual, it is not IR35 that is the issue but a straightforward "employment v' self employment" situation - and it is your business that would suffer if you make the wrong decision.

[FrankAbagnale]

Thanks Eric. Really appreciate your advice.

[Eric Mc]

It is certainly an area that HMRC is taking a keener interest in. The various legal cases (most non tax related) that have been in the news concerning Uber, Pimlico Plumbers, Deliveroo etc have put the spotlight on situations where people who you might expect were employees but have not been treated as such by those who hire them.


Expect more government pronouncements over the next year or so an "status".

[ferrariF50lover]

Frank, if you can accept PMs, you have mail. If you can't, please send me one.

[UpTheIron]

Are you looking to engage an employee, or a service? Joe Bloggs working for your company and taking direction from you in how they do their job, or A1 Sales Gen Ltd going about meeting the terms of a contract with your company however they see fit?