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IR35

IR35 affects all contractors who do not meet HMRC’s definition of self-employment. The legislation was designed to stop contractors working as ‘disguised employees’, by taxing them at a rate similar to employment. The reason for this is that the increased risks and responsibility of contracting, and lack of employee benefits, are why contractors benefit from tax advantages. Therefore if you are deemed to be working as a contractor without accepting the increased responsibilities you will not be entitled to these tax advantages.

Introduction to factors determining your employment status and what IR35 will cost you.

And how other IT contractors might avoid the same traps.

What contractors can expect from an IR35 investigation: now and in the future.

Experts tell CUK how the taxman decides who to investigate under IR35.

MBF’s IR35 win confirms there’s sense in being truly dispensable as a contractor.  

Example contracts designed by IR35 experts with your compliance in mind.

The who, what, when & how of the Check Employment Status for Tax tool.

Leaving you in limbo isn’t the only thing contractors should resist from a probing taxman.

What we now know about the government’s desired changes to IR35 from next April.

The pay when caught and not caught by the off-payroll rules is heading for a 26% gap.

An explainer of the IR35-related term every contractor wants to avoid becoming.

How much being inside the off-payroll rules can set contractors back.

A survival guide to shock horror – your ‘outside’ IR35 status getting ripped up and replaced with ‘inside’ IR35.

Don’t get caught offside by the taxman with generic contracts; key factors against you, and witnesses that fail to score for your side.

What we know so far about the 2017 and 2021 IR35 reforms being repealed next year. 

A refresher on what being caught by the Intermediaries legislation (or the off-payroll rules), really means.

Explainer for contractors on not being caught by the Intermediaries legislation.

Next week’s Autumn Budget could add another twist or turn to the Intermediaries legislation’s already bumpy journey.

Essentially, the IR35 rules will affect all contractors who do not meet HMRC's definition of 'self employment'.

The odds of landing an outside IR35 determination are stacked against contractors, even if it is about more than just Chapter 10’s uneven penalty provision.

Overview of what cover from the Intermediaries legislation/off-payroll rules actually looks like.

The irreducible minimum’s third aspect, plus secondary factors, got the Sky Sports commentator the one outcome he wanted.

Successfully denying ‘personal service’ to HMRC is about much more than just having a substitution clause.

Equipment, attendance and workload. Just three off-payroll ‘flashpoints’ contractors need to get the right side of, from the off.

Practical and contractual tips to stop Mutuality creeping in.

How to check your personal service bar is fine-tuned enough to be effective.

A rundown of the key timelines if probed by HMRC under IR35, so you can avoid being the next Cowan or Lynagh.

A change in status. A high dividend low salary-split. Both are red rags to a potentially bullish HMRC.

A silver bullet to stop HMRC is the stuff of legends. All the more reason to protect yourself with these five.

The actions, activities, and additional goings-on during an IR35 enquiry by HMRC.

Seven areas contractors must be across to nullify HMRC scrutiny of their IR35 status.

Contractors must know their cover, from their cover ‘that goes several steps further’ -- especially when up against an aggressive HMRC.

A helpful ‘pause’ for the IR35-probed has now been confirmed, but it’s logical that any refunds won’t go to contractors.

IR35 Features

For more on the IR35 review carried out by the Office of Tax Simplification see our dedicated IR35 review section.

Freelance techie must pay thousands in employment taxes for failing IR35.

Dragonfly's defeat puts the onus on agents and clients to help contractors comply with the IR35 rules.

A growing number of IR35 cases rest on the reduced clout of right of substitution.

HMRC has won all 4 High Court battles, and says it's no longer only about the money.

Part 1 of 2: The case for killing IR35, by Seb Maley of Qdos Consulting.

Part 2 of 2: The case for keeping IR35, by Seb Maley of Qdos Consulting.

Why an expected consultation on IR35 looks like only the beginning of a difficult end.

Office-holders, the assurance process and BETs inspire a new download from ContractorUK.

Limited company contractors under no obligation to tell HMRC if they’re a service company, says Accountax.

HMRC: New IR35 policy should focus on potentially caught contractor businesses.

Customer segmentation model is best, says HMRC, yet it’s not without its challenges.

A fresh approach by HMRC, or the starting pistol for a slew of new IR35 investigations? Both, writes Kate Cottrell.

For being more than mere opinion, HMRC’s wordy model for new IR35 policy is being welcomed.

Contractor tax experts fear a new approach to IR35 won’t end old habits at HMRC.

‘IR35 win shows the sense in jotting down what makes you a contractor and not an employee.’

If the reality is different, then the written terms will be disregarded – Brookson.

Upper and lower contracts mustn’t be at odds in case a tax inspector calls.

Why it’s even more stupid than before for IT contractors to falsely frame their engagement.

Not worth the paper it’s printed on if your IR35 review ignores the working reality - Bauer & Cottrell.

Contractors aren’t the only party interested in a confirmatory letter, but they’re the likeliest – Accountax.

Call off the witch-hunt that makes contractors the witch and limited companies the broom, says Derek Kelly.

Despite the outcry, contracting via a PSC is justified - it's up to Osborne to realise it.

IR35 Forum minutes show ‘one-size-fits-all’ has never worked - and now never will.

Only a mere indicator of employment status awaits contractors who shoehorn themselves next week.

Leading advisor’s personal take on what the taxman’s IR35 reforms mean for contractors.

Point-scoring contractors reminded that low risk doesn’t equal 'no difference' when facing HMRC.

'Improved' IR35 guidance is at best unclear, at worst plain misleading - Lawspeed.

No safe harbour on IR35 in HMRC's 'checklist' guidance - Browne Jacobson.

What the taxman’s updated guidance on IR35 isn’t; where it falls short and why.

Too much fuss over nothing new, but do be prepared for ‘business test says no.’

Exclusive CUK guide for IT contractors asked to respond to the Revenue.

Ex-head of investigations on why HMRC’s IR35 campaign really is ‘taxing.’

Different headings add up to the same thing – HMRC investigating your IR35 status.

Expert aid for ‘off-payroll’ workers in the public sector facing the assurance process.

IR35 advice from contractor accountants and insurers isn't safe from HMRC's prying eyes.

The messages April's IR35 Forum is sending - in the eyes of an expert who attended.

Expert assesses the IR35 risk of 11 scenarios that IT contractors encounter with end-users.  

The facts about the tax rule, and the fiction – often put out by your friend at the pub.

The ins and outs of being investigated under IR35 in 2014; part one of two.

How to minimise your risk of an IR35 investigation but, if selected, where you can fight.

What IR35 aspects the Revenue wants your response to by September.

How to give public clients assurance without taking the defunct BETs.

At-a-glance: the big IR35 or contractor events and when they're happening.

How being caught by the Intermediaries legislation might affect you.

Taxman's PDF medley is almost essential (if not light) reading for all PSCs.

Status expert urges a PSC to put up strong resistance -- to HMRC; not his client.

At-a-glance: the guidelines that public PSCs, clients and fee-payers need to know about.

What the new off-payroll rules mean; when they apply and who's affected.

Five steps that contractors who want to fight will take if clients rule against them.

The key takeaways of the first IR35 Forum meeting since the off-payroll rules hit.

Status expert cites the main factors that went against, but ultimately for, Mark Daniels.

Taxman fails to make IR35 stick to a drawings designer, despite two attempts and almost four years of trying.

Silver bullet or not, Substitution can still shoot down an IR35 enquiry.

HMRC challenges, client inaccuracies and abusive brollies, among other talking points.

Status expert Kate Cottrell guides limited company contractors through a clock-ticking labyrinth.

Officially ‘well short of what’s required,’ the online status tool should offer a hard hat to anyone who picks it up.

Freelancer Financials on why your off-payroll status does not impact your chances of a home loan.

Client paying you personally? And exerting tight control? Refreshingly, according to the CoA, you may still not be a disguised employee.

IR35 Advice

Legal expert: no notice may sound nasty but it helps against IR35.

Expert clears up claims that default agency contracts can't be redrawn over IR35.

Expert: don't waste time on getting the answer you'd prefer.

Expert's take on whether dissolving your 'Ltd' will put you on the Revenue's radar.

One IT contractor worries about the IR35 implications of a 'pre-employment' form.

Even direct contractors need an unfettered right to substitute, says IR35 advisor.

IR35-contractor wants the least taxing way to make pension contributions.

The long tail of IR35 can catch contractors who close one 'Ltd' and start another.

Legal aid for an IT consultancy employee eyeing work as one of their contractors.

IR35 expert helps an IT contractor facing a 'bums on seats' request from his client.

Arguing against control is easier with your own kit, says IR35 expert.

IR35 expert helps a budding contractor with 'Friday to Monday' intentions.

Tax advice for a UK 'Ltd' contractor worried about employment status abroad.

Legal aid for a 'Ltd' contractor hoping to duck the IR35 rules by becoming an employer.

Ex-tax inspector advises an IT contractor anxious about employment status.

IR35 expert helps an IT contractor bound to 'other duties required by the client.'

Compliance experts Qdos on what the spawn of IR35 might look like.

Expert lets down a self-employed web designer hoping for immunity from the IR35 rules.

IR35 expert helps an IT contractor wanting to avoid a risky tax position.

IR35 advice for an IT contractor saving for when a tax inspector calls.

Contractors shouldn’t accept permie-sounding job titles on their client email signature.

IR35 advice for an IT consultant on the cusp of a 'Friday to Monday' scenario.

Expert helps an IR35-caught contractor stuck on the service company questions.

Revenue’s IR35 reach extends to every contract you had over the last six years. 

Avoiding IR35 entirely is possible, but has no guarantee and may be lethal.

The Law Place offers guidance to a contractor worried a lack of substitution means the contract is automatically IR35-caught.

What IT contractors can do to help avoid being the next JLJ Services Ltd.

Expert helps a long-serving contractor pinning his hopes on being ‘left to get on with it.’

Despite how it sounds, a 'one-size-fits-all' test doesn’t sit well with simplification - Accountax.

Contractor tax captain warns of increased enforcement activity by HMRC.

Qdos Consulting helps an IT contractor fearing ‘active avoidance’ of IR35.

Contractors told to be wary of the Revenue’s claim 'we can help you with IR35.'

Insurance expert on why PSC contractors might pass, or fail, HMRC's PII test.

Even with an office, your score counts for little unless you’re low-risk – IR35 expert.

'IR35 being extended to office-holders means care needs to be taken in three scenarios.'

Treasury attempts to clarify the targets of the new IR35 legislation.

Joining client staff for Turkey dinner won’t turn you into a disguised employee.

'Interim execs are the likely casualty of IR35 being extended to contractors holding an office.'

'Moving from payroll to PSL is fraught with difficulty because of IR35.' 

Tax tips for a non-executive director fearing the stronger Intermediaries legislation.

Expert aid for a contractor hoping his working practice won’t be misunderstood.

Employment status expert reassures a contractor whose client sticks their oar in.

Status expert disappoints an IT consultant hoping the solution is to sole trade for a year.

Not being controlled on location can help make your contract more IR35-friendly.

'Get a separate contract with your substitute, who could even be a fellow IT contractor.'

IR35 expert suggests sleepless nights for one PSC contractor may not be at an end.

More is never less when it comes to spelling out how your working practice isn't caught by IR35.

An employee-style system for reimbursing is far from ideal for an outside IR35 position.

Status expert disappoints an IT contractor seeking a Plan B that's IR35-free.

IR35 is the underlying fear of a PSC needing a break from his only customer.

Legal expert spells out the options for a 'Ltd' caught by the Intermediaries legislation.

IR35 expert suggests a CoA letter is still worth much more than the paper it's printed on.

Lawyer's top tips on using CoA to help thwart the Intermediaries legislation.

Contractor told that longer gigs encourage HMRC to keep a status enquiry open.

The Intermediaries legislation in a nutshell for a newcomer to contracting.

Ex-taxman spells out what's deductible if his former employer catches you.

Going down the road of billing for mandatory bus trips might be bumpy.

Status aid for a 'Tilson in the making,' whose client is having their cake and eating it.

Status expert advises how to avoid getting into a jam over end-user vehicle policies.

Status expert says there's no delay, in terms of when to pay and how you gauge. 

‘Separately costing and scheduling extra work isn’t akin to doing whatever crops up.’

Two nights taken care of is much less determinative than if the day-to-day is controlled.

In a nutshell: how IR35 reform affects your PSC, your agent and your public client.

Outsourcers for the public sector are among those outside the off-payroll reforms.

End-users may feel PSCs can be left in limbo, but April's rules will require otherwise.

No immunity for PSCs with multiple or complex shareholder arrangements.

A pay bump won't cut it for one PSC hoping to nullify April's tax changes.

Control is the part of the IR35 trinity which has the power to save one PSC.

Poor uptake of the ESS would be just the ticket to stop a private sector rollout.

No formal appeals process if your status is 'wrong' restricts how you can challenge.

Tax expert plots how the new IR35 rules will apply to PSCs at local authorities.

Lawyer spells out what the new IR35 rules say, and what could actually happen in practice.

Not having the nuts and bolts of his gig on paper won't protect an engineer.

The latest on what IR35 inspectors look for doesn’t extend to tax tweaks.

HMRC backs an expert in deeming its regs to cover an umbrella contractor.

Status expert helps a her who's books behind the scenes, and a him who's the tech lead.

Status expert gives direction to a client sounding reluctant about responsibility.

A newcomer to the country, not just to contracting, is encouraged to fight.

CEST continuing to omit MOO is making contractors doubt that Mutuality matters.

‘Thanks, but no thanks’ might be the cleanest way out of a status muddying.

No fix for a developer eyeing a charity that may (or may not) be applying April's regs.

A firm in the field of stopping PSCs getting caught says HMRC's batting is causing severe delays.

Scrapping your salary doesn’t dodge IR35, because it’s all income which the Revenue reclassifies.

Another day; another dodge to IR35 (that doesn’t work).

What might happen to daily fees if using an umbrella is still a bit of an open question.

‘Passing off the IR35 decision work isn’t permitted, but handing contract work to consultancies is.’

One of the lesser factors of IR35 status is too much of a grey area for CEST to cope.

The April 2020 compliance requirements for a PSC duo, one of which has another job.

What the third-party does will be the key; unlocking much more is difficult if not impossible.

Six characteristics kept Kickabout Productions Ltd’s contract for services onside.

Eight calculations loom for inside IR35 contractors who need to pay HMRC.

An adviser fields the Nov. 6th queries of a put-out PSC trying to dodge curve balls.

Where’s simplest to be self-employed overseas rarely adds up to where’s also profitable.

Ten queries the taxman fires in his bid to enforce the off-payroll legislation.

How you see yourself won’t necessarily show in the client’s assessment, and that assumes an assessment will actually be made.

Ex-inspector says HMRC hasn’t totally ruled out historically probing contracts that last year went from outside to inside.

A new agreement ‘because of IR35’ says the right thing on mutuality, and hours, but gets it wrong on exclusivity.

Even once you close your PSC, the tax office has up to 12 months from your final tax return to launch a probe.

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