IR35 is a sticky piece of legislation originally introduced under the Labour Government in 1999. Fully titled “IR35: Countering Avoidance in the Provision of Personal Services”, the purpose of the measure is to eradicate the practise of an individual providing services to a company as a Contractor, when in fact they...
Probably the most important role of any Contractor is that of a successful Debt Collector. This part of Contract work often falls into the same category as tax returns and sorting out insurance and wallows at the bottom of to-do lists, so follow our fail-safe guide and make your life as easy...
We've already covered the three key determining factors used by experts when investigating a contractor's IR35 status (Mutuality of Obligation, Substitution and "The What, Where, When and How Tests"), however there are some other factors that can be used to make a decision. While usually not as important as the...
What, Where, When and How Tests are ostensibly simple tests used by HMRC to determine if a contractor's employment status falls within the realms of the IR35 legislation. In the case of a regular employee, an employer would give instructions on what to do (the piece of work to be...
Substitution is one of the three main indicators of IR35 status used by HMRC to determine a contractor's employment status. In the case of a regular employee, the employee themself must complete all the work given to them by their employer - they cannot delegate the work to a third...
Mutuality of Obligation refers to the relationship between a contractor and his/her client. In the case of a regular employee, an employer is required to ensure the employee has work to carry out at all times. This is their obligation to their employee. In turn, the employee is required to...
The contractor and freelancer world have been all atwitter these past few weeks after it was revealed that Student Loans Company Chief Executive Ed Lester received his pay through a limited company despite being an obvious employee of the firm. This is in stark contrast to HMRC's stance on so-called disguised employment - which contractors...
David Cameron last month announced plans to free up 300 premises for new businesses and entrepreneurs. The under-used or empty government owned office premises and buildings will be offered to startups at a low cost for one year to enable new companies to establish themselves.
Darren Upton, a well-respected and successful accountant in the IT sector, has been found guilty of fraud after it was revealed that he had taken £250,000 that had been put aside by his contractor clients for tax bills and paid it into his own account.
Several surveys and studies in 2011 highlighted the fact that contractors and freelancers who wish to grow their business are put off by the excessive red tape and financial burden that comes with taking on employees. Now a prominent Libertarian think-tank called the Adam Smith Institute has published the first part of a paper called...
The British Chambers of Commerce has added their voice to the growing concerns over red tape for contractors, freelancers and small businesses. The BCC has called for increased deregulation to allow small firms to acquire the skills they need through extra employees.
IR35, as with all legislation, is a constantly evolving beast. With every new case comes new case law that contractors, freelancers, and employment experts can use to try to stay one step ahead of HMRC's hamfisted enforcement of the much-maligned anti-avoidance rules.
There was hope for contractors affected by IR35 last week as both Prime Minister David Cameron and his deputy Nick Clegg publicly stated the Government was looking at introducing a General Anti-Avoidance Rule to tackle tax dodgers, which could render IR35 redundant.
A contractor has been given an extraordinary verdict of being both outside and inside IR35 at one single workplace. John Spencer had been working through his limited company JLJ, supplying services to a firm called Allianz for seven years when he came under fire from HMRC, despite a 17 year history trading as a freelance...
As part of their ongoing attempts to coax the UK's wavering economy back to life, in 2010 the Government introduced a scheme called National Insurance Holidays. This tax relief system allows first-time employers to forego employer National Insurance Contributions for their first ten employees up to a maximum value of £5,000 per employee.
British banks have announced that they are on target to meet lending figures that were set out by the government in Project Merlin. However, small business leaders have disputed the announcement claiming that loans are becoming harder to find and much more expensive.
Contractors and small business have welcomed the news that the EU is proposing an optional EU-wide sales law after results from a survey carried out by the Federation of Small Businesses (FSB) has shown that 43% of small firms use the internet to trade across the border but that legal obligations and sales disputes are...
David Cameron has set out plans to contribute an extra £95m to help contractors and SMEs. The money will come from the Regional Growth Fund and will be filtered out through RBS NatWest and HSBC, leading to the potential unlocking of £500m.