Contractors and IR35
The Taxman loses most IR35 disputes!
Please contact us if you would like a free consultation to discuss the tax advantages of contracting in more detail and the different possible scenarios.
We offer all-inclusive services for contractors including:
- Company formation
- Annual Accounts
- Company tax returns
- Personal Tax Returns
- Company secretarial service
- VAT Returns
- PAYE Returns
- Tax computations
- Review of contracts for IR35 status
- Provision of anti IR35 draft contracts
- Dealing with IR35 disputes.
There are many factors to consider in deciding if a contractor is caught by the notorious IR35 legislation. It is important to consult an expert to ensure your business is fully compliant and not at risk from an investigation from HMRC.
Fundamental factors to consider:
- The right to get a substitute or helper to do the job
- Mutuality of obligations.
Other factors to consider:
- Provision of equipment
- Financial Risk
- Basis of Payment
- Opportunity to profit from sound management
- Part and parcel of the organisation
- Right of dismissal
- Employee benefits
- The intention of the parties
- Length of engagement.
Often, cases are matters of general employment law and not specific tax legislation. There is an enormous amount of Case Law in this area and the Taxman is not always right. They do not have the final say on whether somebody is caught by IR35 or not. Our close workings with HMRC will enable us to get the best possible outcome for your business.
The cost of employees and employers national insurance if you get it wrong are considerable as well as interest and penalties.
We can review your existing arrangements and give you our opinion on whether it will be investigated by HMRC. We can also help with drafting contracts for services to assist you and advise on how you can maximise your success chances.
For more information, see our IR35 and contractors helpsheet.