People aren’t the only things that are distant right now. IR35 seems a way off and some think it’s not going to happen at all. What do you think?
For everything IR35 related, read on and remember that if you see something interesting (or have written something), do send it through so it can be shared with the community. If there are others you think that would benefit send it on, or share the link – www.IR35Weekly.uk.
Reform of IR35 (the off-payroll rules) in the private sector has been delayed until April 2021 due to Covid-19, but does this late move by the government really help contractors?
In ContractorUK, Helen Christopher, Operations Director at Orange Genie Accountancy says it’s a question worth asking. While the delay appears to be good news for some, it comes far too late for many and leaves limited company contractors confused as to what they can do.
Can a contractor insist that they use their Personal Service Company? Do contractors have a right to continue using their limited company because the rules have not changed yet? Should they refer their end-client to the government to make them change their mind? Are Status Determinations Statements now null and void? Can clients implement a legislation that isn’t law?
Helen helps provide some clarity where it’s severely lacking. Worth a read.
In an article shared on ContractorCalculator.co.uk this week, it’s claims that contractors subject to blanket ‘inside IR35’ assessments by clients in response to the Off-Payroll legislation have a potential means of recourse courtesy of the Agency Workers Regulations (AWR) 2010.
According to employment lawyer Martyn Valentine of The Law Place, an ‘inside IR35’ assessment could warrant a legitimate claim for various rights as an agency worker under the AWR. This, he notes, could force a client’s hand where a dubious IR35 status determination is concerned.
It’s also mentioned in ContractorUK with the headline “Don’t Tweet if you want your director salary paid during furloughed periods’.
The article continues to discuss the topic, bringing in comments from other independent experts.
OffPayroll.org.uk shared on LinkedIn this week that they were forwarded a letter from a client that contractors are being asked to sign. The gist is that the client thinks you’re inside, and you need to accept the fact they think you’re inside to continue working with them. They’re using Criminal Finances Act 2017 as justification:
“Notwithstanding the deferral of the changes to the IR35 regime, [client] is required to meet its continuing tax and other regulatory obligations. This includes [client]’s obligation under the Criminal Finances Act 2017. Under this act [client] is required, as an organisation, to have reasonable procedures to prevent the facilitation of tax evasion by persons associated with us.”
Worth a look to consider the difference between tax avoidance and evasion.
If you like the idea of not being in your PJ’s for an evening, get ready to dust off your make up bag/deodorant/hair gel and pencil this event into your busy social calendar.
What is it? An awards event that recognises and rewards contractor service providers who go above and beyond to deliver excellence to their customers.
When is it? 4th November 2020.
Can I nominate? Funny you should ask, yes you can before 3rd June.
Do I really have to get dressed? Yes, it’s black tie. I don’t know what women have to wear, maybe they can stay in PJ’s.
If you see something interesting (or have written something), do send it through via the website so it can be shared with the community. If there are other people who you think would like this email just send it on, or share the link – www.IR35Weekly.uk.