From April 2009, HMRC will be able to apply significant penalties, up to 100% of the assessed tax due, in the event that a contractor is unable to demonstrate that reasonable care has been taken in assessing their IR35 status.
It is essential that contractors have a full professional contract review, including a review of working arrangements, to be in a position to demonstrate that reasonable care has been taken and therefore avoid these penalties.
Any review needs to be supported by a document outlining why the conclusions were reached. This will provide your evidence that you have taken reasonable care.
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