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HMRC RISK BASED APPROACH

DOES IR35 APPLY TO YOU?

How will I know if I am caught by IR35 and what will it cost me?

Legislation introduced in April 2000 affects anyone who is working via an intermediary, such as a company or partnership. IR35 will only apply if the individual is working for a client under circumstances that if it were not for the imposition of the Limited company or Partnership (known as the “intermediary”) would be one of employment.

Anyone working via an intermediary will be caught by new rules if they fail the ‘IR35 test’. If their terms and conditions or working practices are of employment then they will be caught by IR35 legislation.

If you are uncertain and would like advice on whether IR35 applies to you, you can phone the HMRC IR35 helpline on 0300 200 3885. The specialist team can answer any doubts you might have and they also provide a review service. The information you discuss will treat confidential and will not pass on your conversation to HMRC.

If you would like the specialist compliance team to review your contract, they can provide you with a full review free of charge and conclude whether you are inside or outside the IR35. At the end of the review, they will provide you with a certificate with a unique number to confirm your status.

This certificate will be valid for three years. Should HMRC wish to open an IR review on yourself, you will need to provide this unique reference.

HMRC will suspend their review and close the review if the information provided is complies with the certificate.

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