IR35 – Tax Tips for Contractors

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Off-payroll working and IR35 is an area that creates a lot of discussion amongst tax advisers and taxpayers, and some confusion too.

In this special 15,500+ word report, Sarah Bradford explains when IR35 applies, the new rules for off-payroll working in the public sector and gives some useful pointers and tips to make sure contractors don’t fall into the common IR35 traps.

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Contents include:

1 IR35 At A Glance

2 Legislative Framework

3 HMRC Guidance

4 IR35 - Why It Matters

5 Key Terms

6 Notional Contract Of Service

7 Employed Or Self-Employed?

7.1 Employee

7.2 Self-Employed

8 Determining Status In Marginal Cases

8.1 Nature Of The Client’s Business

8.2 Nature Of The Job

8.3 Contract

8.4 `In Business On Own Account’ Test

8.4.1 Right Of Control

8.4.2 Right Of Substitution

8.4.3 Mutuality Of Obligation

8.4.4 Provision Of Own Equipment

8.4.5 Financial Risk

8.4.6 Opportunity To Profit

8.4.7 Basis Of Payment

8.4.8 Length Of Engagement

8.4.9 `Part And Parcel’ Of The Organisation

8.4.10 Entitlement To Employee-Type Benefits

8.4.11 Right Of Termination

8.4.12 Personal Factors

8.4.13 Intention Of The Parties

9 Employment Status Indicator (ESI) Tool

10 Contract Review Service

11 Staying IR35 Safe – Avoiding The Risks

12 Outside IR35 – The Tax Implications

13 IR35 Applies – The Tax Implications

14 The Deemed Payment

14.1 Calculating The Deemed Payment

15 Deducting Expenses

16 Reporting The Deemed Payment

17 IR35 Enquiries

18 IR35-Proof Contract

19 Travel Expenses And Intermediaries

19.1 Scope

19.2 Supervision, Direction And Control Test

19.2.1 Supervision

19.2.2 Direction

19.2.3 Control

20 Off-Payroll Working In The Public Sector

20.1 Terms

20.2 Application Of The Rules

20.3 The Chain Payment

20.4 Calculating The Deemed Payment

20.5 Accounting For The Deemed Payment
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