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Our innovative web-based IR35 service, IR35 Comply, allows contractors to complete and submit their IR35 questionnaires online. Agencies can also carry out generic role reviews to understand whether they are best advertising the roles as inside or outside IR35.
So, if you’re an agency working in the public or private sector, we are perfectly positioned to supply you with practical, clear and tailored advice on IR35.
There are two main components to an IR35 review which are explained below.
We can review the contracts in the contractual chain from an IR35 perspective. We will advise whether the contract supports a status of falling outside IR35 or whether it indicates the role may fall inside IR35. We will provide you with a full written opinion, highlighting the key clauses relating to IR35 status, and provide you with an in-depth guide.
We can review the working practices by gathering information on how the contractor and client will interact on a daily basis. We will advise you, based on the information you provide, whether they are working consistently outside IR35 or whether there is potential that they may not be. We will make you aware of any IR35 risks and, where appropriate, be on hand to provide you with practical advice.
In our industry, a strong focus on compliance is essential. We have a highly skilled legal and compliance team at our core - led by our Legal Director Julian Ball who was recruited from Eversheds.
On a voluntary basis, we also maintain a strong working relationship with HMRC, discussing how we do things and keeping up to speed with legislative changes and best practice.
Key features of IR35 Comply:
Online submission of working practice questionnaire takes just 15 minutes.
Gives an inside or outside opinion based on case law in 100% of cases within 24 hours.
Voted the UK’s Best Contractor Innovation in The Contracting Awards 2020.
It demonstrates reasonable care as the robust IT solution is supported by an expert team of IR35 advisers who highlighting any strengths or weaknesses from an IR35 perspective.
Creates an audit trail of status updates, signoffs, evidence and the reasons behind the determinations. It also stores the reviews on the portal for access whenever it’s needed.
Provides client-led status disagreement process which means contractors that disagree with their SDS can appeal using the portal.
You may have heard of HMRC’s Check Employment Status for Tax (CEST) tool. Many commentators are unhappy with the tool and don’t believe it is fit for purpose and the case law also supports this sentiment.
PayStream’s IR35 service goes above and beyond CEST offering a robust and comprehensive process designed to give accurate and prompt outcome and easy to digest advice.
The table below shows the similarities and differences between PayStream’s IR35 Comply and the CEST tool.
IR35 Comply |
CEST |
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Advise whether Intermediaries Legislation (IR35) applies |
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Gives inside or outside opinion in every case |
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IR35 Status Determination Statement |
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Detailed explanation on all aspects of IR35 status |
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Opinions based upon case law |
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Dedicated IR35 support phone line |
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Status shared electronically and signed off throughout the supply chain |
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Audit trail of status and sign-offs with supporting evidence |
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Review of Working Practices and Contractual Terms |
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Mutuality of obligation assessed as part of the review |
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All reviews stored on the IR35 portal to be referred back to whenever you need them |
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Built-in appeals process |
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For more information on how IR35 Comply can help you to prepare for the changes ahead, why not get in touch today? Drop an email to IR35@paystream.co.uk or contact your local CRM to arrange a demo.
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