Looking for information about the IR35 legislation? Then you’ve found the perfect guide that simply explains what the IR35 is, how it can affect your finances and how best to work around it.
Ever since the IR35 legislation was introduced it has been a murky area for contractors and freelancers. However, the intention of the legislation was to prevent full-time employees from profiting from side-lines without paying extra tax on the additional earnings.
In recent events there has been some controversy regarding who is and who is not affected by the IR35 – Public sector workers in particular. As a result many contractors find IR35 completely unjust while leaving a bitter taste in the mouths when the ‘Office of Tax Simplification ‘called for IR35 to be culled or reviewed in 2011, yet this was ignored by the UK coalition government.
So with no help from the Government, it is up to you to protect yourself from the IR35, or if you do fall within the IR35, it is up to you to manage your accountants intelligently in order to offset any losses to the tax man for your additional earnings.
Does the IR35 apply to me?
Simply put, if you are a contractor, the IR35 should not apply to you. However, you still need to clearly demonstrate to the HMRC and document that you are a ‘self-employed contractor’. There are guidelines for this on the HMRC website, but if all the technical jargon is getting in the way, it’s always worth speaking to a specialist contractor accountant to simplify things and have the IR35 explained in detail from an accountant’s perspective.
What should I do if the IR35 does apply to me?
If you can prove that you are a contractor working through your own limited company, you are except from the IR35. However, if you are an employee doing extra work as an additional source of income, or you fail to sufficiently prove that you are full-time contractor, then it may be worthwhile creating a limited company.
By creating a limited company you will still be required to pay more tax on any additional earnings, however, you can offset these losses by claiming travelling and accommodation expenses.
So in conclusion, the best way to avoid the IR35 is to be completely honest about your earnings and keep well managed accounts. Even should you find yourself within the terms of Intermediaries Legislation 35, there are still benefits to be had.