Tax & Legal :: IR35

IR35 S660 Legal Guides General Matters



What is IR35?
Essentially, IR35 will affect all contractors who do not meet the Inland Revenue's definition of 'self employment'. Those contractors who fall under the IR35 rules will be liable to Schedule E taxation and National Insurance (N.I), following deductions for expenses. Income will be in the form of a 'deemed payment', following these deductions.

How will I know if I am caught by IR35?
Explanation of IR35 legislation, introduced in April 2000, which affects anyone who is working via an intermediary.

Freelance UK Guide to IR35
Freelance UK's guide to IR35 and how it can affect you as a freelancer.

IR35 Case Analysis
Visit our collection of articles relating to previous IR35 cases.

Factors Determining Employment Status

The articles below will help you understand the factors as to whether IR35 may apply to you or not depending on a number of issues.

Previous status ruling
An area often overlooked is that the Inland Revenue may have already made a Status ruling at a previous visit.

As most people are now aware a Contract can be written, oral or implied. The Contract is rightly considered to be very important as it sets out the rights and obligations agreed between the Contractor and the Client.

Proper checks
There are many checks to be made to arrive at the correct status of an individual. It is not sufficient to "pick one topic" like substitution or control and base all your arguments on this one point.

Mutuality of Obligation
Mutuality of Obligation is now a common phrase when dealing with Status disputes.

This is one of the main pointers used in disputes regarding employment and self-employment.

Substitution and Exclusivity
This is probably the main point now discussed amongst Contractors, as many incorrectly believe it is the only point needed in a Contract to prove self-employment.

Financial Risk and Payment
Financial risk and payment are one of the main differences between employment and self-employment.

This is considered in many cases and can sometimes surprise you with the results.

Part and Parcel of the Organisation
Part and Parcel of the Organisation considers whether the Contractor has now become integrated into the Client Company.

Intention of the Parties
It is often stated that the intentions of the parties is important and there are a couple of questions on the Inland Revenue questionnaire relating to this point

IR35 Links
Please find our collection of useful IR35 links here...

Further Reading
Some more articles to help your understanding of IR35.

IR35 Timeline - A history of the legislation
On 9th March 1999, the Inland Revenue issued a press release detailing how "changes are to be introduced to counter avoidance in the area of personal service provision". A brief history of the legislation.

What's still wrong with the IR35 digital tool
Eight areas where the ESS falls down and needs fixing.
Mar 30, 2017

'Reasonable care' clause put into new IR35 legislation
Final set of April 6th rules outlaws clients from making blanket IR35 assessments.
Mar 23, 2017

New IR35 tool lets workers test their status
Freelancers who are 'Ltd' among those now able to check their status for tax.
Mar 7, 2017

What to do if you're declared inside IR35 on April 6th
Five steps that freelancers who want to fight will take if clients rule against them.
Feb 22, 2017

IR35 expert backs BBC newsreader ruling
Tribunal's attention to 'what actually happened' impresses top status adviser.
Oct 13, 2016

BBC presenters probed over IR35
Taxman takes on two newsreaders, to try to cast the die against droves of other PSCs.
Oct 11, 2016

Government approves IR35 changes from April
Treasury lets on that Budget 2016's rewrite of IR35 in the public sector is going ahead.
Aug 5, 2016

Private sector quizzed on public sector IR35 plan
Testing the water? Taxman asks companies about his IR35 proposals for organisations.
Jul 14, 2016

Osborne's IR35 proposal 'open to legal challenge'
Recruiters warn of a legal fight if they have to decide the status of freelance companies.
Apr 7, 2016

HMRC confirms 'IR35-specific ESI tool'
Taxman's new way to test freelancers for IR35 will be in beta by the spring.
Feb 9, 2016

HMRC publishes IR35 consultation
What IR35 aspects the Revenue wants your response to by September.
Jul 20, 2015

Self-employment tsar puts IR35 in his sights
David Morris MP wants to tackle the 'unnecessarily complicated' Intermediaries legislation.
Jul 8, 2015

Doubts cast over IR35 confirmation letters
HMRC rejects accusations that it shifted the goalposts on confirmatory letters letters and IR35.
May 22, 2015

When a few IR35 updates come along at once
Two new frameworks + four official moves = IR35 (and the Forum) going nowhere.
Apr 7, 2015

Freelancers to fight their IR35 cases at tribunal
Taxman has issued IR35 status decisions that he'll soon spell out to everybody.
Mar 31, 2015

Adviser bets against Osborne tackling IR35
'IR35 unlikely to rear its head in the Budget due to HMRC update just four days before it.'
Mar 18, 2015

Freelancers' Questions: What now that HMRC says I’m inside IR35?
Legal expert spells out the options for a locum caught by the Intermediaries legislation.
Mar 3, 2015

Freelancers' Questions: Is a single client OK and how to broach time off?
IR35 is the underlying fear of a freelance consultant needing a break from his only customer.
Feb 13, 2015

Taxman's IR35 enquiry yield falls 61%
IR35 investigations last year netted a paltry £430,000 for the Revenue.
Feb 12, 2015

HMRC releases IR35 Contract Review data
What the IR35 Review says about the 'slow, cumbersome and mistrusted' Contract Review Service.
Jan 15, 2015

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