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4  IR35 - The Facts

 
 


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 Keep 80% of your income - no IR35 or MSC risk - no admin hassles !!!

 

Where a person interposes a limited company between themselves and their employer, this company is known as a Personal Service Company (PSC). The benefits of this are that employer's NIC and employee's NIC can be avoided. The government became concerned at this and IR35 was introduced. The rules state that the PSC must be able to demonstrate that it has the "badges of trade" - otherwise the individual will be caught by the rules and will have to pay the same tax and NIC as all other employees.

In a tax investigation, the contract between the PSC and the contractor's recruitment consultant and the contractor's practical working arrangements will be a pivotal area. An IR35 review should therefore always be obtained for each new engagement.

 
 

 4 IR35 - Contracts and compliance

 
 
PASS - If you can answer "yes" to the following, your contract may beat IR35:
Does your company bear the financial risks of failure ?
Does your company profit from sound management in performing a contract ?
Does your company have the right to send alternative personnel ?
Does your company bear the risk of bad debts ?
 
FAIL - If your answer to the following is "yes", your contract may not beat IR35:
Is the contract a "Service Contract" rather than a "Contract for Services" ?
Are you entitled to sick or holiday pay ?

Is the relationship between you and your client one of "master and servant" ?
 
But as we mentioned above, it will be your contract AND your practical working arrangements that will be under the microscope in an IR35 investigation. Protect yourself and ALWAYS get an IR35 Review for each new engagement.

 

 
   4 IR35 - Who decides if I pass or fail ?  
 

The rules place on the contractor the burden of deciding if a contract passes. If you can answer "yes" to the first set of questions and "no" to the second, your contract may pass. But you need to make sure your practical working arrangements pass as well. If you need help deciding if your contract and practical working arrangements pass, please visit our IR35 Contract Review screen. We offer a 48 hour contract review service which analyses your contract on a clause by clause basis.

If you register for our IR35 Solution you will not need to worry about contract reviews at all. You will be paid under PAYE (which means IR35 is not at issue) - but will still retain 80% of your income!

 

Click here to find out more about our fantastic IR35 Solution NOW !!!


 
   4 IR35 - Insurance  
 

Even if you think ( or have been advised ) that your contract and practical working arrangements pass, you may wish to purchase IR35 insurance - or "Professional Fee Protection". This protection can cover you for the professional costs of defending an IR35 investigation and may also cover the costs of defending other types of tax enquiry too. A good scheme will usually cover you AND your company for ANY type of tax enquiry.

If you register for our IR35 Solution, you will not need to worry about an IR35 enquiry. Although you will keep 80% of your income, you will still be paid under PAYE which means IR35 is not at issue.

 

Click here to find out more about our fantastic IR35 Solution NOW !!!


 
   4 IR35 - Try our IR35 Solution  
 

Put your IR35 and MSC worries behind you and register for our fantastic IR35 Solution. Ideal for the IT contractor and other self employed professionals, it lets you keep 80% of your income, eliminates your IR35 and MSC risk, and takes away all your admin hassles. You just have get on with earning the money. If you are interested...

Click here to find out more about our fantastic IR35 Solution NOW !!!

 
 
 

 4 IR35 - More Information

 
 

If you need more information, why not obtain your FREE copy of our IR35 Survival Guide. It is jam packed with hints and tips and explains the rules and how they came about in layman's terms. Follow this link to find out more: Surviving IR35. Alternatively, you can find out more by following the links below.

 
  •  Her Majesty's Revenue & Customs have some guidance on their website (but it's stacked in their favour!)
  •  Visit IR35-Compliance for advice on umbrella companies, composite companies, and limited company solutions.
  •  The Business Link website also offers some guidance.
  •  Another good source of information is The Professional Contractor's Group (PCG).
  •  IR35 Advice - Contract Eye - News and advice for new IT Contractors, including IR35 information
  •  Small Business UK - News, advice and articles for startups and IT contractors

  • If you want to stop worrying about IR35 full stop, just register for our IR35 Solution.


    Click here to find out more about our fantastic IR35 Solution NOW !!!


     
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    Antony J. Holdsworth & Co is a firm of Accountants in Essex advertising under "Accountants Westcliff" on the Locallife website. We provide IR35 advice and help with IR35 investigations as well as general guidance on the IR35 rules. Being IR35 accountants we can advise on IR35 insurance and can provide IR35 review and IR35 contract review services. We are also a company formation agent and can provide online company formation services for your ltd company formation.

     

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