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www.34square.com . Ten points to demonstrate how recruiters can keep your clients and contractors happy, and protect the sustainability of your client relationships and your margins, summarised in short form below: POINT ONE: The clients that won’t embrace OUTSIDE IR35 are generally focused on non-compliance RISK. So they choose to simply abandon OUTSIDE IR35 altogether. Risk gone. Right? POINT TWO: They are removing one risk and replacing it with others. POINT THREE: If a project manager wants to sell their project management service to a client, they might attend a course, such as PRINCE 2, to elevate their project management credentials. If we want to sell OUTSIDE IR35 contractors to clients, we should aim to elevate their OUTSIDE IR35 credentials. POINT FOUR: At the core of our services is Right of Substitution. Until now, the power of the right of substitution has been somewhat limited. It’s the first area HMRC attacks and they frequently expose weakness where an actual substitution has not already been used and paid for by the contractor POINT FIVE: It’s because it’s much harder to prove you would do something, than it is to prove you already have done it. NOT ANY MORE. POINT SIX: 34square members and their clients can provide a concrete audit trail of intent to implement a substitution completely in line with the outside IR35 stipulations, even if it is never and has never been used. POINT SEVEN: This capability removes any notion of a personal service being in play and any material grounds to dispute an OUTSIDE IR35 status based upon any other factors. POINT EIGHT: HMRC’s CEST tool completely supports this power of an unchallengeable right of substitution. They HAD TO DESIGN IT that way. It’s the TRUTH! POINT NINE: CEST frequently suffers from two main categories. Inability to render a result in some cases, and inadequate handling of Mutuality of Obligation. In the case of confirmed right of substitution, it always returns an outside determination, irrespective of any responses to any and ALL of the questions that follow, which in turn renders Mutuality of Obligation irrelevant in such a scenario. POINT TEN: We would never, in any case, advise any party to focus only on right of substitution, but getting it unchallengeable makes it straightforward to navigate to a SAFELY COMPLIANT set of OUTSIDE IR35 contractual terms and working practices that are practical and even PALATABLE for YOUR clients. Help them ACTUALLY REMOVE the risk. Please don’t hesitate to reach out to me, Adam Topham, on linkedin or via the contact form on our website at www.34square.com. We want to work with you to help contractors and clients to adopt our capabilities. PROTECT your clients from destructive inside IR35 policies they DON’T WANT but think they HAVE to have.