IR35 And Its Rules: A General Overview


Recently, IR35 has become one of the talked about subject in Tax assessment niche as well as in recruitment sector. Before knowing its rules, let’s know first, what IR35 is. It is a part of legislature that permits HM Revenue and Customs (HMRC) for collecting additional revenue where a contractor is actually an employee with all employee benefits.

If a contractor is working via an intercessor, for example a limited company, and but for that intercessor they would be a member of staff of their client, IR35 is applicable. Therefore, IR35 for recruitment agencies has become quite an important matter.

What’s the new concern about IR35?

IR35 is not a new rule. In fact, it is existing in the employment sector since April 2017, and is in active use. However, recently few amendments are in the way to get processed in accordance to IR35 and Recruitment formality.

What’s changing is that onward April 2020, applicable for medium and big businesses, IR35 will become the concern of the employer (‘payment payer’) to choose the IR35 status of the role and hence they will decide which rule will be applied against the status of the employee.

How it can affect the employers?

By shifting the duty for deciding the IR35 status of an employee’s role to private sector employers, HMRC has also defined penalties if something gets totally wrong.

This indicates that there is possibility that employers may possibly receive bills for unpaid tax and pending National Insurance contributions in case the contractors are considered to be, in result, ‘masked employees’ who shouldn’t be under the contract at all.

More persuasively, IR35 indicates a long-term modification upcoming from the government introduced rule. Also the tax authority’s view and interpretation of a contractual work, may demand an expressive response from the contractor community.

How to act about IR35?

It’s time to know the detail of the IR35, and keep an eye on the upcoming change on the status. Only staying updated with the best possible resource is the way to solve the problem amicably. Recruiting agencies need to clarify the employment status about IR35 for recruitment agencies, hence staying alert is the best way to act at this moment.

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