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HMRC introduced IR35 (the ‘off-payroll working rules’ or 'the intermediaries' legislation') in 2000 to tackle what it calls 'disguised’ employment to combat tax avoidance. IR35 was brought about to ensure contractors pay the same levels of tax and national insurance contributions as an equivalent employee who is broadly doing a similar role. It applies to individuals who work through an intermediary like a Personal Service Company/Partnership/etc. providing services to an end client and when the reality of the relationship is such that they would be ordinarily classed as an employee of that end client if the intermediary was not in place.
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ALL YOU NEED TO KNOW
Financial: Face Substantial fines over 50% on top of contractors' pay
Operational: Risk delays to critical projects due to loss of resource.
Legal: Put your company in the firing line for litigation with HMRC or workers
Reputation: Dent your reputation and restrict the flow of off-payroll talent into your business
Awareness: Use IR35 to finally understand the full composition of your workforce, including spend
Change: Treat IR35 as a catalyst to implement a market-leading contingent workforce solution
Attract: Create a competitive advantage by making yourself a magnet for off-payroll talent
Retain: Secure vital existing off-payroll workers or even migrate them to your permanent workforce
Operational & Reputational issues
Business open to extra expense and exposed to risk
Potential tax/ National insurance losses
Changes to workforce structuring
A huge raft of employment legal rights have changed
Increased administrative burden
All workers must be individually assessed to see if they fall within IR35. This is a complex process as there are many different factors at play.
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