What Is IR35?

Concerned about IR35? Here's what's happening, and what you should be doing about it.

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What's changing with IR35?

The IR35 Legislation was introduced in 2000 to address concerns relating to individuals who supply their services via a Personal Services Company PSC instead of as an employee, and therefore avoid paying employee income tax and national insurance contributions.

It is important to note that the legislation itself, hasn’t changed what has changed is who determines the status of the PSC, this is now the responsibility of the client who receives the services.

The cost of none compliance in the private sector is growing and is estimated to reach £1.2bn a year by 2022

OBR’S 2017 Fiscal Risks Report

Learnings from the Public Sector

— Hirers were slow to react and unprepared for the changes

— Fee payers choosing to ignore the end hirer’s status decision

— Workers not supported or communicated with, effectively resulting in large project delays

— Move to Private Sector for impacted contractors with sector transferable skills

— Debate over suitability of HMRC CEST Tool

— BBC spent £1.5m in system changes and took over 6 months from implementation to comply

— NHS initial ban on PSCs (followed by relaxation to assess on case by case basis)

— Growth in use of umbrella companies for PAYE solutions and sometimes non-compliant off payroll models

— There is a growing concern around claim for employment rights for affected workers - Confusion over “Reasonable Care” meaning

How Will IR35 Impact My Business?

— The potential financial penalties could be significant if incorrect steps are implemented

— We anticipate this being a minimum of nine month change programme for hirers and fee payers

— “Reasonable Care” is yet to be fully defined and unlikely to be until the IR35 reform is in motion, there has been a recent update of HMRC’s “CEST Tool”

— a review used to determine the status of a contractors service