What is IR35?
IR35 was introduced by the government to stop workers such as contractors from working as disguised employees. Essentially, the legislation was implemented to stop these individuals from enjoying the tax benefits of the self-employment by taxing them at a rate similar to employees.
IR35 originally came into action in 2000. When it was introduced, it was the responsibility of the contractor to determine and declare their own IR35 status.
This changed when HMRC deemed that too many companies were not compliant and from 2017, in the public sector, it instead became the responsibility of the client to decide the contractor’s IR35 status. For more information on the public vs private sectors for contractors, check out our handy guide.
What do reforms to IR35 mean?
Under current IR35 rules in the private sector, it is the contractor that is responsible for establishing their own IR35 status and the risk of non-compliance sits with them.
However, from April 2021, this will become the responsibility of the end-client, introducing a new tax burden on any client that decides to work with contractors. This is true for all clients except small businesses.
A small business as determined by The Companies Act 2006 has two or more of the following features:
- Has a turnover of £10.2 million or less
- Has a balance sheet total of £5.1 million or less
- Has 50 employees or less
All other clients will be responsible for determining IR35.
If a client decides that the contractor is inside IR35, they will be taxed before their fee is paid to them, just as if they were an employee.
Although they will be forced to pay tax like an employee, they will still be considered self-employed and therefore will not receive employment benefits such as statutory rights. These include things like holiday pay, sick pay, a workplace pension and maternity and paternity leave.
If you are outside IR35, however, you can continue to benefit from the tax advantages of self-employment by paying yourself a salary and withdrawing further income from dividends which are not subject to National Insurance Contributions.
These reforms to IR35 are set to badly impact thousands of self-employed contractors, with some large firms planning to stop working with contractors altogether.