How do I get around the new IR35 rule?

Here are some ways that you could make your case.

  1. Highlight the ways your work situation differs from employees’
  2. Keep client correspondence.
  3. Don’t name your company after yourself.
  4. Have your own marketing materials.
  5. Maintain your own office.
  6. Take out your own business insurance.
  7. Invest in your professional development.

How do I know if I am in or out of IR35?

HMRC will look at each individual’s contract and their workspace, to determine whether or not they are inside or outside IR35. If HMRC finds that a contractor is being treated as a full-time employee, or is receiving the same benefits as a full-time employee, they will be deemed as inside IR35.

What is IR35 in UK?

IR35 is shorthand for the UK tax legislation that is designed to identify contractors and businesses which are avoiding paying the appropriate tax by working as ‘disguised’ employees, or are engaging workers on a self-employed basis to ‘disguise’ their true employment status.

How do you fall outside IR35?

Key steps to pass the IR35 rules

  1. Evaluate the status yourself using free online tools.
  2. Get the contract reviewed by an expert.
  3. Negotiate changes with the client.
  4. Get a confirmation of arrangements document signed.
  5. Adopt correct working practices during the contract.
  6. Keep a compliance file backing up your decision.

Who decides IR35 status?

The off-payroll working rules, introduced in the public sector in 2017 and to the private sector in 2021, mean that it is the end client’s responsibility to determine IR35 status.

How do you prove outside IR35?

Prove your contract is outside IR35 by collecting key evidence

  1. When you are sent home, but employees have to stay.
  2. Taking time off by informing, and not asking, your client.
  3. When you have to rectify defective work in your own time.
  4. Tendering for contracts.
  5. When you deliver speculative work for no pay.

How do you stay outside of IR35?

Who is responsible for determining IR35 status?

The client
The client is responsible for determining whether the individual would have been regarded as an employee if they were engaged directly. If the client determines the IR35 rules apply, the fee-payer is treated as the employer for the purposes of income tax and NIC.

What is an umbrella company UK?

It is generally agreed that an umbrella company is a company that employs a temporary worker (an agency worker or contractor), often on behalf of an employment agency. The agency will then provide the services of the worker to their clients. Umbrella companies do not find work for the workers they employ.

How long can I contract outside IR35?

There is a common misconception amongst contractors that working for a client for two years will mean they are automatically caught by IR35. This is incorrect; there is no specific time limit on how long you can provide services for one client.