If you are a contractor or a company dealing with contractors you might be concerned about government crackdown on IR35. Before we discuss IR35 changes let’s look at its background,
Initial aims of IR35 and its changes
It was initially introduced in 1999 by HMRC. IR35 is a tax legislation which is designed to combat tax avoidance by the workers supplying their services to clients through an intermediary like their own limited company, limited company can simply be defined as a type of business structure which has its own legal identity. These contracted workers are considered disguised employees by HMRC as for all intents and purposes they act as employees but as they are not on a payroll and are registered as limited company which according to in HMRC is a loophole used to pay less tax.
The initial aim, purpose or objective of IR35 was to suppress the individuals practically working in such a way that is similar to an employee but under the semblance of a limited company. In general Freelancers operating through any private company generally pay lower income tax and they don’t have to pay national insurance. Initially when IR35 was introduced, individuals themselves had to decide that whether they fall under IR35 or not but in April 2017, the Government made a change to the legislation. Since April 2017 the Public firms had to decide whether their contractors fall under IR35 or not, hence the responsibility moved from the individuals to the firms in public sector.
Future rules and reforms
Now as we understand background of IR35 let’s see what is this change that everyone is lately talking about; From 6 April 2020 onwards IR35 will also apply to Private Sector in line with the public sector, hence from April onwards even if a contractor works for a private sector but there is a good news, the IR35 reforms don’t impact all private sector corporations but apply to only those fulfilling two of the following conditions,
- Businesses having employees more than 50
- They have balance sheets assets of more than 51 million pounds
- They have a possession or simply a turnover of more than 10.2 million pounds a year
Rest of the businesses avail from ‘Small Business Exemption’ so if you are a small business not fulfilling two of above, you don’t really need to worry about IR35 but if you are a one person business giving your services to only one company under umbrella of a company then your company won’t be of any use to you.
Incorrect determination
If the employer determines a contractor to be off-payroll deciding that they are outside IR35 whilst HMRC disagrees with the determination made then HMRC can investigate and insist on back payment of tax, as well as fines for late payment from the fee-payer.
Tips for contractors to deal with 2020 Private sector IR35 reforms
• To strengthen your IR35 position seek advice through an IR35 specialist
• Have a good communication with your fellow contractors
• Attend the events regarding IR35 changes
Tips for Employers to deal with 2020 private sector IR35 reforms
• Clients be aware when a worker is providing services through an intermediary
• Determining employment status by considering the information from worker and any other relevant party in supply chain
• When the workers fall within the new regime it is significant to negotiate new contractual terms
• Clients need to create a budget statement for all the additional costs otherwise this will give a negative impact on the profit margins
Whether you are an employer who has contractors falling inside IR35 reform and you need help with putting them on payroll or you are a contractor falling outside IR35 who needs help with accounts, if you
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