Limited Company contractor? Yes, IR35 affects you. Umbrella or PAYE? No, you can relax..
It’s the assignment that becomes the subject of a determination – not the worker. The client determines the IR35 status of the assignment and if it's inside IR35, the agency will have to deduct tax and NI at source.
The truth is, it’s completely up to them – as long as they take “reasonable care” in making the decision. HMRC have an online tool. We’ve got our own software tool which our clients will use to make an informed and accurate decision.
This won’t solve anything. All assignments will be subject to IR35 assessment. The only exemptions are small companies or where the worker uses an umbrella or is PAYE. IR35 doesn’t affect those.
If a worker is already subject to PAYE, IR35 does not apply.
We are in daily dialogue with our clients supplying data and analysis with an intention of agreeing our shared action plan and proposed process moving forward for all contractors. We anticipate that we will soon have an agreement with all our clients and subsequently conduct communications and site visits with you all shortly.