Any relationship between applying for British citizenship & IR35 investigation?

[mickael28]

Hi,

Reading through the official forms to apply for British Citizenship and I got to a section where they say:

"Among the duties and obligations which you are expected to fulfil, is payment of income
tax and National Insurance contributions. We may ask H.M. Revenue & Customs for
confirmation that your tax and National Insurance affairs are in order. When you sign the
application form you will be giving your consent for us to approach them.

3.1 – 3.5. If you do not pay income tax through PAYE you must demonstrate that you have
discharged your obligations towards the H.M. Revenue & Customs, by attaching a Self
Assessment Statement of Account"

"In this section you need to give information which will help the Home Secretary to decide whether he can be
satisfied that you are of good character. Checks will be made with the police and possibly other Government
Departments, the Security Service and other agencies.

3.1 What is your occupation?
3.2 Are you An employee? A business partner? Self-employed? A director?
3.3 Name of employer or business
3.4 Address of employer or business
3.5 Address of tax office or tax office reference

"

I've been paying some PAYE/NI each year (a few thousands above the tax free allowance) as part of my salary and then dividends, so I was wondering if this cross-reference between Home Office and HMRC could trigger and IR35 investigation?

Any idea about the subject or any contractor that has successfully applied for some clues about whether or not it's worth the risk?

[Greg@CapitalCity]

I've been paying some PAYE/NI each year (a few thousands above the tax free allowance) as part of my salary and then dividends, so I was wondering if this cross-reference between Home Office and HMRC could trigger and IR35 investigation?

Any idea about the subject or any contractor that has successfully applied for some clues about whether or not it's worth the risk?

Well I guess you can never say the risk is zero, but in this case it must be pretty close to zero. I have never heard of an IR35 investigation being triggered by an application for British citizenship. So long as you have been paying all NIC and PAYE due on your salary, then I suspect the Home Office will have no issues. Numerous clients of ours have been through the Visa extension/Indefinite leave to remain/Citizenship process, and the issue you bring to light here has never been raised by the Home Office (or by the HMRC is responding to requests for information from the Home Office).

[mickael28]

Numerous clients of ours have been through the Visa extension/Indefinite leave to remain/Citizenship process, and the issue you bring to light here has never been raised by the Home Office (or by the HMRC is responding to requests for information from the Home Office).

That's what I was not aware, if there had been more contractors applying for this and being troubled by HMRC as part of the process.

Many thanks...

[northernladuk]

Instead of all this worrying and insurance etc do you not think some of these will be more help???

http://forums.contractoruk.com/light...ml#post1548669

[mickael28]

Hmmm... I don't quite get it. Let's hope they don't ask any question about British humour in the citizenship test

[northernladuk]

Hmmm... I don't quite get it. Let's hope they don't ask any question about British humour in the citizenship test

It was a hint that might want to toughen up a little. Your posts about this and the IR35 are, erm, lets say erring on the side of caution a little(!). I would hate to see your risk assesment of crossing the road if these worry you this much

[mickael28]

ah, I get it now...heheheheh.

I have been quite the opposite, up until now, it's just that now there are a few things going on at the same time and I don't understand the implications of everything just yet. But I'm learning a lot with you guys, thanks!!