Recruiter compliance checklist

IR35: Making the Determination Defensible

"The client said so" isn't a status determination.

3 min read6 checks

On a contract placement, what protects you is a documented determination and the reasoning behind it: boring, specific, and exactly what HMRC asks to see. Here is what a defensible one carries.

1

A written Status Determination Statement

The conclusion, issued in writing to the right parties in the chain.

2

The reasoning, not just the result

How the decision was reached: control, substitution, mutuality of obligation.

3

Who decided, and when

The determining party and the date, recorded.

4

Reasonable care taken

Evidence the determination was considered, not a blanket call or a guess.

5

The SDS passed down the chain

Given to the worker and the next party, as the rules require.

6

A review trigger

Re-assess if the role or the working practices change mid-assignment.

Get it documented up front

Do that and IR35 is a filing exercise. Leave it to "the client said so" and it's a liability with your name near it. Batiq&Co produces and files defensible determinations for your contract placements.

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Batiq&Co is a commercial compliance and contracts consultancy, not a law firm. General guidance, not regulated legal advice.

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