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IR35 conditions of service
Our turnaround time for a single contract review or single contract with a review of your working practices is 5 days. We will, however, use our reasonable endeavours to provide you with an opinion within 72 hours. Our turnaround time is completely dependent on you sending us any required information to complete the review. If we are not in receipt of any required information, you acknowledge that the turnaround time will be reasonably extended based on when the required information was received.
The nature of the IR35 legislation is such that it is based substantially upon subjective analysis of the facts and interpretation at the time. We are unable to guarantee a successful outcome if HMRC was to challenge you. For this reason, you agree that our assessment and any assistance we provide acts only as a guide based on the facts you have presented to us, and that the ultimate responsibility for liabilities, interest and penalties remains with you.
In May 2012, HMRC introduced the Business Entity Test ('the Test') which was then abolished on 6th April 2015. If you took the Test prior to 6th April 2015, it is best practice to retain evidence to demonstrate the responses given on the Test. If you have already demonstrated a low risk band to HMRC, then HMRC will not open another IR35 enquiry within the 3 year period. We cannot accept any responsibility for how HMRC may choose to test the answers that are given.
We cannot guarantee that HMRC will not choose your company for an IR35 enquiry or investigation.
If you are deemed inside IR35 by HMRC, you are required to pay the majority of your income (less a few qualifying deductions) as salary - this is referred to as the IR35 'deemed salary'. In certain circumstances, you may face potential fines and interest payments.
Although you are responsible for ensuring you are working outside IR35, our service is designed to help you assess your IR35 status and to demonstrate that you have taken reasonable endeavours in making the right decision.
The Working Practices Questionnaire, together with any written contract(s) existing between your Personal Service Company (PSC) and the recruitment business/direct client, and the contract between your recruitment business and client, will enable us to provide an opinion on whether or not your engagement is likely to be subject to IR35. If you are not able to provide all necessary written contract(s) or a completed Working Practices Questionnaire, we will provide a qualified view based on the information provided.
In the event that you disagree with the IR35 opinion, you can supply further evidence for our consideration. You may also obtain a second opinion at your own cost or seek advice from HMRC directly by visiting here.
Although we provide a contract-only review (Bronze) service, please be aware that if you are subject to an IR35 enquiry, HMRC can look past the terms of the contract(s) to consider 'what went on in reality' - referring to your working practices. Your actual working practices can take precedence over the contract(s) wording when determining IR35 status, we therefore recommend that you also have a review on your working practices. Any changes that you make to your contract(s) following our advice should accurately reflect how you work in practice.
You can upgrade your service within a three month timescale. If, for example, you purchase the Bronze service on 1st August, you have until 1st November to upgrade. Upgrading means that you pay the difference in service cost, as opposed to buying the new service outright. If, for example, you wish to upgrade from the Bronze to Silver service within the three month timescale, the fee is £50 plus VAT. Discounts apply to My PSC Online customers and there are no fees for My PSC customers.
If you join the My PSC accountancy service within a three month timescale, we will refund you the IR35 service fee. If, for example, you purchase an IR35 service (whether Bronze, Silver or Gold) on 1st August, we will refund you the IR35 service fee if you have joined, or have committed to join, the My PSC accountancy service up to or on 1st November. We will refund the IR35 service fee after you have made your first payment to PayStream Accounting Services Limited in respect of the accounting fees, and before your second payment. Similarly, if you join the My PSC Online service within three months, we will refund you the difference in IR35 service fees. For example, if you have purchased the Gold service and then join PSC Online within three months, we will refund you £99.50 plus VAT