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Nov 4, 2019

Understanding IR35


The IR35 off-payroll working rules can apply if a worker provides their services through an intermediary, which is usually the worker’s own personal service company but can also be a partnership, a managed service company, or an individual...

The rules exist to ensure that workers, who would have been an employee if they were providing their services directly to the client, pay broadly the same tax and National Insurance contributions as employees.

You may be affected by these rules if you are:

  • a worker who provides their services through their intermediary
  • a client who receives services from a worker through their intermediary
  • an agency providing workers’ services through their intermediary

If the rules apply, tax and National Insurance contributions must be deducted from fees and paid to HMRC.

The rules apply if a worker provides their services to a client through an intermediary, but would be classed as an employee if they were contracted directly. You can use the HMRC 'Check employment status for tax' service to help you decide if the off-payroll working rules apply.

Before 6th April 2020, if you’re a worker and your client is in the public sector, it’s their responsibility to decide your employment status. You should be told of their decision. If you are a worker and your client is in the private sector, it’s your intermediary’s responsibility to decide your own employment status for each contract. The private sector includes third sector organisations, such as some charities.

From 6th April 2020 on, the way in which the rules are applied will change. All public sector authorities and medium and large-sized private sector clients will be responsible for deciding if the rules apply. If a worker provides services to a small client in the private sector, the worker’s intermediary will remain responsible for deciding the worker’s employment status and if the rules apply.

Check how the April 2020 changes will affect you and what you have to do to prepare for them here.

 

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