We caught up with of the UK’s leading IR35 experts following reports that HMRC has increased its compliance activity in recent months – with an apparent focus on how clients have been assessing IR35 status.
IR35 Rules
The Intermediaries Legislation was introduced in 2000 to tackle 'disguised employment', where an individual uses a limited company to carry out professional services, but works in a manner more like an 'employee'. Your take home pay will be significantly lower if your contracts fall within its scope.
Off-Payroll Rules
The 'off-payroll' addition to the existing IR35 rules was rolled out across the public sector in April 2017, and the private sector in April 2021.
[Oct 17th 2022] The April 2023 Off-Payroll repeal will no longer happen.
The 'Off Payroll' rules mean that clients (not contractors) are responsible for determining the employment status of contractors. Prior to this, workers themselves were responsible for this determination.
Get started with these IR35 guides
- Start off with our overview of IR35 for a concise guide to the legislation.
- Expert FAQ - Are you 'inside' or 'outside' IR35?
- Try our IR35 tax calculator to find out the financial cost if you are caught.
- Download an IR35 contract template from Qdos
- Why you should consider taking out IR35 insurance.
IR35 and ‘Confirmation of Arrangements’
A confirmation of arrangements letter from your client can be used to back-up your IR35 position with HMRC should it be challenged, as it confirms how you perform your contract duties in reality.
The importance of professional IR35 contract reviews
For a relatively small outlay, a professional contract review service will analyse your contracts to ensure that you comply with IR35 – both in terms of your contract wording, but also the ‘working practices’ you undertake at your client site.
Free IR35 contract template downloads for contractors
To protect yourself against IR35, you need to be sure that the wording of your contracts (and the way you actually carry out your contract work for the client) show that you are genuinely ‘self employed’. Here we show where you can download a sample contract template.
Off-payroll (IR35) – the ‘small company’ exemption – contractor FAQ
When the ‘off-payroll’ IR35 rules were extended to the private sector in April 2021, ‘small companies’ were excluded from the legislation. Here we explain how this exclusion works, and answer some frequently asked questions.
Government launches consultation into IR35 double taxation issue
The Government has announced a new consultation into a ‘double taxation’ issue which occurs when a client determines the IR35 status of a contractor incorrectly, and both the deemed employer and the contractor may end up paying the same tax twice.
Does IR35 apply if I use an umbrella company?
IR35 has had a profound impact on the contracting world over the past 20+ years. How do these tax rules affect umbrella company workers?
Gary Lineker wins ‘IR35’ case against HMRC
Gary Lineker has successfully won his battle with HMRC over a £4.9 tax bill. But what, in anything, does the ruling mean for contractors, when – in the end – IR35 wasn’t even at the core of the case?
‘Insidious’ IR35 tax yield set to double to £1.5bn per year
New official figures show that the Treasury expects to generate £1.5bn per year from IR35-related tax. This is double the previous estimate.
Off Payroll: Government urged to ‘fix or ditch’ the flawed IR35 reforms
A leading contractor site has called for lawmakers to urgently fix flaws in the Off Payroll legislation, or ditch the reforms altogether.
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