IR35 is a piece of legislation that seeks to determine tax status for individuals working through a limited company, or a PSC as commonly known.
There are a number of tests used to determine employment status for tax.
In the Public Sector Limited company contractors have been responsible for determining their own tax status and paying the relevant tax accordingly up until April 2017, where that responsibility then fell to the end client.
As of April 2020, these rules will be rolled out to the Private Sector, where the responsibility for operating the Off-Payroll legislation will sit on the organisation, agency, or other third parties engaging the worker. It will affect all payments made on or after 6th April 2020 to limited companies.
It will also be mandatory to share the determinations made per Associate.
The end client will be responsible for determining the IR35 status of all Associates, whilst the fee- payer, in this case us, will be responsible for deducting the relevant Tax and National Insurance contributions at source based on the determination made.
This legislation addresses all Associates that work through a limited company. Every role you are engaged on through your limited company will need to have a ‘determination’ made in order to establish whether or not the role falls inside or outside IR35 scope.
No. This legislation does not affect or impact on Umbrella company workers in any way. Based on our experience in the Public Sector, we anticipate that some associates, working today in the Private Sector as PSC contractors, will move to umbrella employment from 2020 if their client decides that they are operating inside of IR35.
Currently, you are responsible for determining the IR35 status for your company. As of April 2020, for any assignments you are working on, the end client at the top of the supply chain will be responsible for making the status determination.
The HMRC are leaning on their on-line 'Check Employment Status for Tax'
tool known as CEST which can determine whether the role you do is inside or outside IR35 by taking you through a series of questions. You can do this yourself today.
As part of the new regulations, the end client is responsible for cascading the status determination down the supply chain with all parties involved in the chain. We understand that there will be a requirement for a status determination to be shared with you either before or on the start of the assignment in question.
The end client has to provide you with the status determination and supporting reasons supporting the determination by 30 days of date of determination. Should you wish to dispute the decision, you will need to log your intention and provide supporting evidence to the end client within 45 days.
If you work via an umbrella company, you are unlikely to see any change in your pay.
If you work via a PSC and your role is determined to be inside of IR35 your invoice will be subject to the equivalent Tax and NICs as an employee. Huntswood will have to make employment tax deductions from your invoice before paying you the net balance. If this happens you will take all your income as salary therefore no corporation tax will be due by your limited company on this income.
If the status determination of your role states the company is outside of IR35, we foresee that you will be able to continue trading as you are today.
Based on the status determination of your role stating the company is inside IR35, we would recommend strongly that you share this with your accountant and seek advice on how to manage your tax affairs accordingly.
Based on our understanding of the Off Payroll Rules, we do not anticipate that these rules will serve as a trigger for the HMRC to look to apply these rules retrospectively.
There is an exercise currently underway where we are working with all our clients to evaluate and assess all existing and new roles.
Based on the outcome of the analysis being done, rest assured we will offer contract roles that meet the criteria and the requirements outlined by our clients.
We are currently working together compliant solutions where your contractor experience results in ease of your time and administration, getting you paid quicker and correctly and ensuring your employment rights are fully covered.
To clarify, the IR35 legislation itself is not changing. We expect that an associate working through a limited company would be paying the correct amount of Tax and NI relevant to their IR35 status. As a director of a limited company, you are not employed by the end client or hirer and these rules do not change that status.
Huntswood do not directly employ associates. If you use an Umbrella Company, we would expect the Umbrella Company would be in place to offer the above employee benefits. If you work through your own limited company, we would expect you to make individual arrangements.
Based on the outcome of the decisions made by your end client, we will dissect and share with you the various ways your role will be treated and the financial impacts therein.
We recognise that this will have far reaching consequences to you, so we are committed to maintain a regular and transparent dialogue with you to both build awareness and knowledge so that everyone is fully informed on developments as April 2020 approaches.
As part of this initiative, we will be launching a series of IR35 roadshow events on project sites around the country which all our associates will be invited to – look out for further information.
Our objective is to work closely with our associates and listen to your feedback to be able to support you in most appropriate way. This is clearly a big change for all parties and your input is vital to getting it right.
We hope you found this of use and will endeavour to update you as and when new information emerges. We will be updating our IR35 page
with new developments in the build up to April 2020.
If you have any questions, please don’t hesitate to email us at email@example.com