How will changes to Entrepreneur’s Relief impact contractors?
In its current state, Entrepreneur’s Relief lets company owners close or sell their business, extracting the respective capital gain at a reduced rate of 10% rather than 20%.
Initially introduced in 2008 to encourage entrepreneurship, the allowance has since been raised three times. However, it has come under criticism for being expensive and ineffective, with claims that it merely stands to benefit the rich. In fact, the Chancellor today labelled the legislation expensive, costing over £2bn a year, ineffective and unfair - with just 5,000 people getting the most of the benefit.
Entrepreneur’s Relief has been of increasing relevance to limited company contractors, many of whom may have to dissolve or sell their businesses once impending off-payroll regulations come into play next month.
With rumours that the Relief might have been scrapped altogether in the 2020 Budget, many contractors have been keeping a keen eye on any changes to the Relief which in its current state can help many close their business in a tax efficient way.
Although the Chancellor has come under pressure to completely abolish the Relief, he today announced in his statement that rather than scrap it completely, he would instead reform it. Sunak stated that he would reduce the life-time limit from 10 million to 1 million, leaving 80% of small business owners totally unaffected by these changes while saving the government £6bn a year.
Again, this is good news for contractors, with the majority being unaffected by the reforms. The key take-away for limited company contractors is that many can still rest assured they can make use of Entrepreneur’s Relief when winding down their limited company business.
Did the Chancellor mention any changes to the IR35 proposals?
IR35 has been at the forefront of contractor’s minds for the past couple of years. The off-payroll rules, which change the way IR35 is applied, have been at the centre of much criticism and debate. Despite which, the changes are set to be rolled out to the private sector from April 2020.
The changes to IR35 will shift the responsibility of assessing a contractor’s IR35 status to the end-client. If the end-client deems a contractor to be ‘inside IR35’, the fee-payer, which is usually a recruitment agency or client, is then responsible for deducting income tax and National Insurance contributions from the contractor.
Although clients are obliged to take reasonable care when assessing whether a contractor falls under the remit of IR35, many larger clients are making the move to simply stop utilising the services of limited company contractors altogether. Late last year Barclays Bank announced that it would no longer use the services of contractors operating through limited companies, and businesses including Lloyds, HSBC, RBS and others have since followed suit.
Using a variety of means, the end-client will determine a contractor’s status by looking at the terms of their contract and their working practices, before issuing a Status Determination Statement.
The Treasury expects this measure to net £1.3 billion a year by 2023.