HMRC will consider the multiple factors when determining status. Clients should ensure that its processes and documentation support the IR35 status decision it makes (particularly when the decision is “outside IR35”). The following factors are what HMRC will consider when making an individual’s status determination statement (SDS):
The draft legislation was released earlier today and is largely as discussed in the consultation document and very similar to the off-payroll rules in the public sector. However it will be subject to scrutiny and possible change as it makes its way through Parliament to become the Finance Act. There were a number of outstanding questions following the end of the public consultation, all of which we focus on in our response, along with the key points likely to have a material effect on the industry.
Over the past year or so much has been written and said about this HMRC creation and it is destined to figure prominently in the lead up to April 2020 when the off-payroll working in the private sector rules are scheduled to come into effect. Although we don’t know yet what the final format of the tax legislation will look like, we can be pretty confident that CEST in its current or slightly amended form will be at the operational end of it.
We have recently seen a number of letters from HMRC received by contractors working for a well- known end client in the engineering and construction industry. The letters ask the contractor to check their employment status whilst they carried out work for this particular client.
The consultation on “off-payroll working rules from April 2020” was published on 5th March 2019. The proposals are broadly similar to the public sector, however there are some key developments which will apply equally to public sector engagements from April 2020.
On 5th March the consultation document was released for the private sector. The consultation was largely as expected although HMRC clearly wants to place even more responsibility and liability on the supply chain than in the public sector.
In April 2017, there were major changes to how IR35 is operated in the public sector. Historically, the contractor supplying his company’s services to a client was responsible for determining whether IR35 applied to the assignment. However, from April 2017, this responsibility shifted to the client, with the agency (as the fee payer) becoming responsible for deducting tax from payments to the PSC if IR35 applied.