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IR 35 Explained

 

 

 

UK Inland Revenue legislation implemented in April 2000 to tackle tax and NIC avoidance schemes through intermediaries i.e. Partnerships or Personal Service Limited Companies.

The UK Inland Revenue now sees contractors or temporary workers as "disguised employees" or "tax avoiders" who should be included on the client payroll and have tax and NIC deducted each week/month.

Know your UK legislation !!!

IR35 is aimed at the situation where a worker is essentially seen as an employee, but they are providing their services through a Personal Service Limited Company thus avoiding the tax and legal consequences associated with being an employee.

The legislation calls for one to look at the contractors ‘arrangements’ with a client, and to decide whether those arrangements would equal employment were it not for the Partnership/Personal Service Limited Company.

Your Employment Status

Employment status is not statutorily defined and as a result you have to consider decisions made in UK court cases to help decide whether the conditions a person is working under are deemed to self-employment or company employment. Quest has done this already.

Who is affected by IR35?

  • Essentially, IR35 affects all temporary or contract workers who do not meet the Inland Revenue’s definition of being ‘self employment’.

This means that contractor’s caught by IR35 pay significantly more tax, reducing their take home pay by up to 25%.

What does QUEST offer?

By joining QUEST, many Healthcare locum’s, temporary and contract workers continue enjoying the freedoms of IR35 compliant contracting.

Many have discovered QUEST professional, friendly service that saves you money and hassles.

Take the IR35 test

If you can answer ‘Yes’ to the following questions then you are probably employed and the Inland Revenue will investigate you for outstanding tax and National Insurance contributions if you are not currently paying them.

If you are in any doubt phone us now on: 

+44((0) 1934 822 492

  1. Do you carry out the work rather than hire someone else to do it for you ?

  2. Does someone else tell you what needs to be done and when to do it?

  3. Are you paid by the hour, week or month and can you get overtime pay ?

  4. Do you work set hours, or a given number of hour a week or month?

  5. Do you work at the premises of the person you work for, or where he or she decides?

If you can answer ‘Yes’ to the following questions then you are probably self-employed.

  1. Do you have a final say in how the business is run?

  2. Do you risk your own money in the business?

  3. Are you responsible for meeting the losses as well as taking the profits?

  4. Do you provide the main items of equipment you need for your job, not just the small tools many employees provide for themselves?

  5. Are you free to hire other people on your own terms?

  6. Do you currently have to correct unsatisfactory work in your own time and at your own expense?

 

 

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IR35 Explained.