Put simply, IR35 is tax legislation designed to stop contractors working as “disguised employees” and benefiting from the tax advantages of being a director of a limited company i.e. dividend payments, reduced National Insurance contributions and business expenditure allowances.
Contractors who fall under the IR35 rules will be liable to Schedule E taxation and National Insurance (N.I.), after limited deductions for expenses.
So how do you know if you fall inside or outside the IR35 rules?
Although the HMRC provide a business entity’ tests to determine a contactors status as low, medium or high risk there is no single straightforward way to determine the status of an engagement as there is no specific rules in law.
Each engagement is judged on its own merits and generally the best approach is to look at all of the relevant factors of the engagement especially the contract under which services are to be provided and the actual working practices of the contractor.
The main indicators are, but are not limited to:
- Right of Substitution
- Mutual Obligation
- Provision of Equipment
- Financial Risk
- Business Justification
- Right of Control
Each of the above contractual indicators would not be examined in isolation and so the existence of a single or a few indicators would not be conclusive as to employment status. Working practices would also need to be examined along with the contract under with the engagement is made.
If you are concerned about IR35 then talk to us on 01270 820273 or if you prefer simply complete the contact form and we will get back to you.
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