Contractors are legally mandated by the law to be compliant with IR35. Well, you might have heard about the IR35 but you do not know much about it. What is IR35? Ideally, this is government legislation that was meant to curb the rising cases of tax evasion among employees. Workers known to evade paying tax are often perceived as disguised on employees in that they work for their companies only to claim the same tax efficiencies.
Who is Caught by IR35
This rule primarily applies to “relevant engagements” – when an individual provides some services through an intermediary that is often a limited liability company. In the case of an intermediary, the income earned would be classified as that of an employee especially if the individual was contracted directly. Ideally, there are three main tests used to determine whether an individual is caught by IR35 – self-employed or employed.
A worker can never be classified to be an employee unless there is a right to exercise some authority over the said employee. The right of control primarily involves monitoring what work is being done, how it is done, and where it is done. Here, actual control is not the main the primary focus; it’s the right of authority that matters.
- Mutuality of Obligation
Within any contract, there will always be some mutual obligations. Ideally, the commitment to work or provide a service forms part of any contract. However, for a joint obligation of the contract to exist, you need to demonstrate an obligation to offer and another obligation to accept future jobs.
- The Right to Get a Helper for the Job
Personal services are essential in any employment contract. To be self-employed, one has the right to do the job or hire someone else to help them with the job. This is not the case with an employee as he or she is only required to do the job.
Implications of Being inside the IR35
If by any chance you are caught by the IR35, you re barred from using traditional tax-planning methods, which help minimize your tax regulations. Instead, you are obliged to pay all proceeds are salary, meaning that self-employed persons are treated as permanent employees.
The rules and regulations governing IR35 are always not easy to follow.