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Public Sector Contracting

From April 6th 2017, IR35 status for Public Sector Contracting will be determined by the client, not the contractor.

As the clients or agencies will become liable if they make the wrong determination, it is thought that they are more likely to take a risk-averse approach and decide to apply IR35.

If the client does decide that IR35 applies, the contractor company will be taxed at source, exactly as if it were an employee.

Although contractors impacted by this measure may have to pay tax like an employee, their employment status will not change, so they will not receive the rights and benefits that go with employment.

The Employment Status Service (ESS) from HMRC is designed to test whether an engagement is inside or outside IR35, and it is thought that public sector organisations will use the results of the ESS to make an assessment of a contractor’s IR35 status.

For your information we have put together a comprehensive set of guides on Public Sector Contracting below and you can check back here for updates. You can also have a look at what the contractors and industry experts are saying about it in our Public Sector Contracting Forum.

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

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

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

Where working practices now get decided ahead of the work being practiced.

Fibbing or following policy? One unsure MoD contractor gets help on his agency’s claims.

'One legislative chapter or another,' is the closest to the formula which a PSC seeks.

Off-payroll rules expert helps a contractor wanting to set his agency straight.

Accounting boss tries to help a contractor, without using numbers.

Twenty things PSCs can do at work to stop IR35 from getting a look-in.

How paperwork and practices can help you keep IR35 at bay.

Find out who carries the can when HMRC deems a non-caught public post to be caught.

IR35 expert gives the health service's current status on limited company workers.

Expert gives a refresher on the IR35 state of play, including April's game-changer.

What you need to know about the grassroots bid to take on the off-payroll rules.

Accounting aid for a NHS trust contractor losing trust in his recruiter.

Nearly two months in, it's clear contractors can't beat this new IR35 alone -- Harvey Nash.

No link between getting more out of your public client and getting interest from HMRC.

Status aid for a contractor stung by the NHS's ban on 'Ltds.'

'Take a position of strength but beware the bench, a brick wall and Catch 22.'

What today's new IR35 legislation means for you; at-a-glance and illustrated.

Long and short of it is that 'Ltd' looks best, as gains via a brolly are pretty marginal.

Double taxation worries a doubting PSC, keen to add what IR35 could subtract.

Compliance expert replies to a contractor hit by the health service’s 'inside IR35' ruling.

Post-April 6th and where IR35 applies to your public sector role, the winner is...

Status help for a PSC stuck on whether his client’s client makes the off-payroll rules apply.

What to do when you haven't rejected or accepted HMRC's 'inside' assessment.

Status expert helps a PSC stung by feeling his recruiter is work-shy.

No escape for a 'LLP' who only avoided 'Ltd' because of the compliance headache.

IR35-inspired pay guide, showing your take-home if you're caught, not caught or via a brolly.

IR35 expert demystifies what happens from April for a PSC working alongside consultancy staff.