To understand IR35 law and what it means to contractors, it's important to understand the history behind it.
Back in 2000, high profile stories came to light about public sector employees resigning from jobs – only to return to work the next day as a limited company. This became known as false-self employment.
Ministers also worried that the difference between contracting and permanent employment were hard to determine. Individuals would set up a limited company to take advantage of a tax-efficient structure, but carry out the same tasks as a permanent employee. Thus, IR35 was born.
So, what is IR35?
The aim of IR35 is to decide if the work you're doing should really be classed as full employment, rather than genuine project-based contracting work. If you're a genuine contractor, you'll be outside of the legislation and can take advantage of the tax efficiency associated with working through a limited company.
If your role is classed as employment, however, HMRC might say that you’re inside IR35 – meaning you’ll need to pay Income Tax and National Insurance on your earnings.
I’m with an umbrella company – do I need to worry about IR35?
As an employee of Parasol, the good news is that you won’t be affected by IR35. The legislation only covers self-employed contractors, so there's no need to worry.
Need more help?
We understand that there may come a time where you'll want to take the next step in your contracting career and set up a limited company. That's why our sister firm, ClearSky Contractor Accounting, is on hand to answer any queries you may have about the legislation.
ClearSky offers all clients on their Assure and Executive packages a free assignment review service, meaning you'll receive expert guidance as to whether your project is inside or outside IR35. This is just another example of our commitment to be with you all the way.