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Decoding IR35: Your Guide to Contractor Tax Status

Decoding IR35: Your Guide to Contractor Tax Status

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Decoding IR35: Your Guide to Contractor Tax Status

For many independent professionals, the flexibility and financial benefits of contracting are a significant draw. However, navigating the complexities of UK tax legislation, particularly IR35 (Off-Payroll Working Rules), can be a daunting task. At Taxfile, we understand these challenges and are here to provide clear, actionable insights to help you manage your IR35 status effectively and ensure HMRC compliance.

What is IR35

and Why Does it Matter?

Introduced to tackle “disguised employment,” IR35 aims to ensure that individuals working through an intermediary (like a Personal Service Company or PSC – a limited company set-up to provide the services of a single contractor) who would otherwise be considered employees are taxed appropriately. Getting your IR35 status determination right is crucial, as an incorrect assessment can lead to significant backdated tax bills, interest, and penalties from HMRC.

Essentially, IR35 differentiates between a genuinely self-employed contractor and someone who, despite operating through a PSC, is performing work akin to an employee.

Who Determines Your IR35 Status?

A vital change in recent years is the shift in responsibility for IR35 status determination. Generally, the end client (the company you are contracting for) is now responsible for assessing your IR35 status, unless they qualify as a “small business” or are based overseas. If your client is a small business, the responsibility for determining your status typically remains with you.

When determining status, HMRC takes an “overall view” of the working relationship, considering both the written contract and the actual working practices. No single factor is definitive, but several key areas are heavily weighted.

The Three Key Pillars of IR35 Status

HMRC primarily focuses on three critical areas to test your employment status for tax purposes:

1. Control

This assesses the extent to which your client dictates how, where, and when the work is performed.

  • Outside IR35 indicators — You have significant autonomy over your work delivery, set your own hours (within project scope), and decide your work location.
  • Inside IR35 indicators — Your client dictates your working hours, location, and closely supervises your methods, much like an employee.

2. Personal Service / Right of Substitution

This examines whether you are required to personally provide the services or if you have a genuine right to send a suitably qualified substitute.

  • Outside IR35 indicators — Your contract explicitly allows for a genuine right of substitution, and your client’s acceptance of a substitute is not unduly restrictive. This demonstrates you’re providing a service, not just your personal labour.
  • Inside IR35 indicators — Your client insists that only you perform the work, with no genuine right of substitution.

3. Mutuality of Obligation (MOO)

This considers whether there’s an ongoing obligation for the client to offer work and for you to accept it.

  • Outside IR35 indicators — Your engagement is for a specific project with a defined end date, with no expectation of continuous work or obligation for you to accept further assignments.
  • Inside IR35 indicators — There’s an expectation of ongoing work, regular contract renewals, and an implicit obligation for you to accept work offered, similar to an employment relationship.

Other Important Factors HMRC Considers

Beyond the core three, HMRC also looks at a range of other factors to build a comprehensive picture of your working relationship:

  • Financial Risk — Do you bear any genuine financial risk for the work, such as having to rectify mistakes at your own expense?
  • Provision of Equipment — Do you use your own equipment, or is it provided by the client?
  • Part and Parcel of the Organisation — Are you integrated into the client’s organisation (e.g., attending staff meetings, having an internal email address, receiving employee benefits)?
  • Exclusive Service — Do you work for multiple clients, or are you effectively working exclusively for one?
  • Basis of Payment — Are you paid by the job/project, or on a regular, fixed basis similar to a salary?
  • Intention of the Parties — While not solely determinative, the mutual intention of both parties (as reflected in documentation and practices) to establish a self-employed or employed relationship can be considered.
  • Business on Own Account — Do you operate as a genuine business (e.g., having your own website, business cards, professional indemnity insurance, marketing your services)?

The Status Determination Statement (SDS)

When an end client determines your IR35 status, they are legally required to issue a Status Determination Statement (SDS). This written statement declares your deemed employment status (inside or outside IR35) and provides the reasons for that conclusion. The client must take “reasonable care” when making this determination.

Utilising the CEST Tool

HMRC provides an online tool called Check Employment Status for Tax (CEST), which can assist in determining IR35 status. If the tool is used correctly and all information is entered accurately, HMRC states it will stand by the outcome. You can find it here.

It’s crucial to remember that IR35 status is assessed on a case-by-case basis for each engagement. Both the contractual terms and the actual working practices are considered equally important.

The Impact of Being ‘Inside IR35’

If your contractor engagement is deemed to fall inside IR35, the implications for your take-home pay and financial arrangements can be significant:

  • Your client (or the agency) will generally place you on a PAYE (Pay As You Earn) scheme, deducting Income Tax and National Insurance Contributions (NICs) at source, similar to a traditional employee. This will directly affect your net income.
  • The expenses you can claim will be significantly limited compared to being outside IR35.
  • You typically won’t be able to pay yourself in tax-efficient company dividends.

Taxfile: Tax & Accountancy Help

Contact Taxfile for help with any tax-related and accountancy issues for individuals, the self-employed, sole traders, limited companies and more. Whether you are confused about your IR35 status, have a one-off accounting-related issue, or require something more regular like payroll handling, Taxfile can help. We excel in bookkeeping, limited company accounts, VAT, taxes, self-assessment tax returns, tax refunds for CIS subcontractors, and many more areas of accountancy and tax. Contact us today — we offer a free 20-minute introductory consultation at our Tulse Hill office in South London or, if preferred, via a simple phone call or video link.

020 8761 8000 Book Appointment Contact Us

Information You Need to Supply for Professional Help with Your Tax Return

Information You Need to Supply for Professional Help with Your Tax Return

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Information You Need to Supply for Professional Help with Your Tax Return

If you’re self-employed in the UK, you need to file a self-assessment tax return each year. It’s not only the self-employed, though. If you are on a higher income* or receive untaxed income from property rental, savings, investments, or dividends, you also have to submit a return. Getting all the fields filled in properly and the figures right can sometimes be difficult, though. That’s where professional help will be worth its weight in gold. But what information will your accountant or tax advisor need from you? That’s what today’s post is all about, and we’ll explain exactly what information you’ll need to supply.

* (Those earning more than £100,000 currently, or over £150,000 from next year). Read more

Do I Need to Register for Self-Assessment?

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Do I Need to Register for Self-Assessment?

by Mohamed at Taxfile.

In today’s guide, we look at the rules around whether or not you need to register for Self-Assessment and submit a tax return to HMRC each year. Let’s take a look.

Reasons to Register for Self-Assessment

You generally need to register for a Self-Assessment tax return if your income isn’t taxed at the source, meaning the tax isn’t automatically deducted from your wages/salary. Here are some common scenarios where you would need to register for self-assessment:

  • You are self-employed — sole traders, freelancers, and consultants typically fall under this category.
  • You receive rental income — if you earn income from renting out a property, you need to register.
  • You have a high income — employees earning over £100,000 per year need to register as their tax calculations may become more complex. (From 2023-24 you are only required to register if your income is above £150,000).
  • You have other income sources — this includes income from abroad, dividends, and partnership profits.

If you are still unsure about registration, please contact HMRC or call Taxfile on 0208 761 8000.

Registering for UK Taxes is Important

Registering for UK taxes is important for a few reasons, as we’ll explain below.

Firstly, it helps you avoid penalties. If you don’t register for Self-Assessment when required, you could face penalties from HMRC. These can be significant, especially if you’ve been earning income for a while without registering.

Secondly, it helps to ensure accurate tax payments. By registering and filing a Self-Assessment tax return, you ensure you’re paying the correct amount of tax. Without it, you might underpay and owe interest, or overpay and have to wait for a refund.

Thirdly, it helps you stay legally compliant. In severe cases, failing to register and pay your taxes can lead to legal action, including prosecution.

Registering also helps you maintain good standing with the Government. Being registered with HMRC shows you’re taking your tax obligations seriously. This can also be important if you’re applying for credit, a mortgage, or a visa.

Do Directors Need to Do a Self-Assessment?

Not all directors need to do a Self-Assessment tax return, but some do. Here’s a breakdown:

Directors with only PAYE income

If your only income from the company is through PAYE (Pay as You Earn), where tax is deducted at source, you generally don’t need to do a Self-Assessment.

Directors with additional income

If you have any other taxable income besides your salary, like dividends, company benefits, or income from another job, you likely do need to do a Self-Assessment tax return in order to report it.

However, even if you aren’t required to register, HMRC might still ask you to file a Self-Assessment return.

Learn more about director self-assessment here.

Why is Payroll Important for a Director?

Payroll ensures compliance with tax regulations. Directors are considered employees for tax purposes, and PAYE is the system used to collect Income Tax and National Insurance Contributions (NICs) from their salary. Running payroll ensures these deductions are made and reported correctly to HMRC.

Payroll creates a clear and accurate record of your director’s salary payments. This is important for tax purposes, but also for things like calculating benefits and pension contributions that might be tied to salary.

Being on payroll allows directors to qualify for certain benefits they wouldn’t get if paid through dividends alone. These can include enrolling in a company pension scheme and accruing National Insurance credits that contribute to your state pension.

Payroll ensures transparency by helping to maintain a clear separation between personal finances and the company’s finances. This is important for legal and accounting reasons.

While there might be tax advantages to structuring some of your director’s income as dividends, payroll remains a vital part of ensuring you’re following regulations and have a clear record of your director’s overall compensation.

Learn more about how to pay yourself as a director here.

Contact Taxfile – Accountants & Tax Advisors

Tax and accountancy help for South Londoners

If you need any accountancy help for your limited company or small business, Taxfile is here to help:

020 8761 8000 Book Appointment Contact Us

Are you in the South East or London? Taxfile has offices in Tulse Hill, and Dulwich, in South London.

How do I pay myself as a Director?

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This is a question we often face from new company directors, how to pay yourself from the company.

As part of our £375+VAT package for a new limited company we offer the following;

  • company formation (including the option to have the company phrased as a special purpose vehicle for a property rental company)
  • we will register a single director with HMRC for self-assessment
  • we set up the payroll scheme
  • we arrange your chart of accounts on online software and set up the bank feed so transactions are automatically recorded

So the two ways to get paid are in the form of a monthly salary run from a payroll set up by the limited company and the second way is through dividend allocations based on the company’s annual post-tax profit.

A salary is treated as an expense to the business, therefore decreasing profits, reducing corporation tax, and in turn, minimising the amount of dividends available to then be attributed to each shareholder.

We suggest (correct as of the 23/24 tax year) a salary of £9,096 per annum (£758 p/m) as this is the minimum amount to qualify for a state pension (also known as the secondary threshold).  If there are 2 or more directors (on the secondary threshold or above) or any additional staff on the payroll above the secondary threshold for the company, the Employment Allowance offered by the government becomes available, giving the company £5,000 ‘pot’ towards the employer’s NI contributions.

If the company posts a profit, the value of the post-tax profit can be allocated as dividends to the shareholder(s) of the company.  If there is more than one shareholder, then the dividends are allocated dependent on the percentage of shares held by each shareholder.

Unfortunately, the tax efficiency of dividends is being reduced.  For the 22/23 tax year there is a £2,000 tax-free allowance, for 2023/24 there will only be a £1,000 tax-free allowance and for 2024/25 it has been stated that it will be halved again to £500.

The amount of tax you pay on dividends will be dependent on your income tax band which includes your tax-free allowance, and any earnings from the limited company and any other earnings outside.

This will need to be declared on a self-assessment tax return to HMRC, which covers the period of the UK tax year from 6th April to 5th April every year.

As part of our £375+VAT package we can enrol one shareholder/director onto the self-assessment scheme with HMRC to obtain a Unique Tax Reference (UTR) to allow them to comply with their personal tax obligations in the future.  Contact us on 020 8761 8000 for more information.

Need a Limited Company? Questions you may be asking yourself

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Need a Limited Company: Questions you may be asking yourself

“What are the main differences between being self-employed and running a limited company?”

“What are the advantages and disadvantages of having a private limited company?”

The major difference between running a private limited company and being self-employed are the administrative requirements you are required to do by law & although the volume is more, the data contained within those returns are pretty similar to being a sole trader.

A limited company will:

  • need to keep company records
  • report any changes to Companies House & HMRC
  • need to file an annual company tax return along with the company’s accounts, giving an undistorted view of its finances.

So why go through the extra cost and resources of having a Limited Company?

In forming a limited company, you are limiting your personal liability.  What this means is that the Limited Company becomes a legal entity of its own.  Think of it as another being, that you work for.  However, it is important to keep in mind that you cannot abuse your power with the limited liability, to take selfish and unnecessary risks.  As a director, you are ethically and morally responsible for the business decisions and transactions the company makes.

As a director of a private limited company you will:

  • make decisions that benefit the company rather than your own
  • abide by the rules and regulations outlined by the company Articles of Association, which are written rules about running the company agreed by the shareholders or guarantors, directors and the company secretary
  • notify any shareholders if you might benefit personally from a company transaction
  • always act with the intention of making the company successful.

Having a Limited company can also add professionalism to your business.  This can help your business become even more successful because customers, clients, and B2B companies will be more inclined to trust you and buy your products or services if you are a limited company rather than a sole trader. It is quite common for B2B companies only to trade with another limited company as a general rule.

A final benefit is, if you have a profitable Limited Company, how you distribute salaries and dividends can have income tax savings, especially once your Read more

The Spring Budget, March 2017

Spring Budget 2017: Key Changes Affecting SMEs & the Self-Employed

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Philip Hammond, Chancellor of the Exchequer, delivered his Spring Budget to the House of Commons today.

If you missed it, you can watch and listen to the entire speech by clicking the video above. For those without 55 minutes to spare, we spotlight the key changes, particularly in relation to tax, National Insurance, the self-employed and small businesses.

  • For the self-employed, Class 2 National Insurance Contributions (NICs) were already set to be abolished from April 2018. Today, to the surprise of many, the Chancellor announced that Class 4 NIC rates will increase from 9% to 10% from April 2018, increasing again to 11% in April 2019. The Chancellor said that this was to more closely align self-employed NI rates with those paid by employees, particularly in view of the new State Pension to which the self-employed will now have access.
  • Tax-free dividends for those working through a limited company will also be reduced from the current £5,000 level to just £2,000 in April 2018. Corporation Tax will then be charged above that threshold. Again, the reason cited was to bring the self-employed more in line with employees in terms of tax paid overall.
  • The National Living Wage, for those over 25, will increase to £7.50 per hour from April.
  • From April this year, the personal allowance (the amount people can earn before paying income tax) will increase to £11,500 and to £12,500 by 2020. The threshold for higher rate tax will also increase from £43,000 to £45,000 this April.
  • Up to £2,000 (tax-free) will be available towards the cost of childcare for children under 12 from April this year. So for every 80 pence you pay in childcare costs up to £10,000 maximum, the government will add a further 20 pence.
  • Those lucky enough to be able to afford it will be able to save up to £20k maximum in their ISAs from this April. There will also be an NS&I bond introduced, which will pay 2.2% interest on a maximum of £3,000 per person.
  • There will be help for businesses following business rate increases, particularly pubs, which will receive a £1,000 discount if their rateable value is less than £100k (apparently that’s 90% of all English pubs). Also businesses coming out of ‘small business rate relief’ will be helped through the transition with a promise of increases no larger than £50 per month from next year.
  • There will also be an expansion of the clampdown on tax avoidance where some businesses were converting capital losses into trading losses.

Other announcements made by the Chancellor Read more

George Osborne

Summer Budget 2015 – Key Tax Takeaways

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The Summer Budget was announced last week and in this blog post we’ll take a look at only those changes which will affect ordinary taxpayers and SMEs.

In his opening remarks, the Chancellor of the Exchequer, George Osborne, promised:

A Budget … to keep moving us from a low wage, high tax, high welfare economy; to the higher wage, lower tax, lower welfare country.

So, taking each of those goals in turn …

Higher Minimum Wages

With regard to the higher wages promise, Osborne announced that there would be a new National Living Wage of £7.20 per hour from April 2016 for those aged over 25 and over, rising to more than £9 per hour by the year 2020.

Lower Tax

With regard to the lower tax promise, the Personal Allowance (the amount people can earn before paying any tax) will increase – as anticipated – from £10,600 in the financial year 2015-16 to £11,000 in 2016-17. A longer term plan is to increase this still further to £12,500 by 2020. The ultimate ambition is pass a law to make sure that those working 30 hours a week and earning the National Minimum Wage will pay no tax whatsoever, although clearly this will need further clarification in due course.

Dividend tax will also be reformed. Here the existing dividend tax credit (this reduces tax paid on dividends from shares) will be replaced by a new £5,000 tax-free allowance on income from shares from April 2016 and this will be available to all taxpayers. To offset the cost of this to the Exchequer, those with more significant dividend income will see an increase in the tax rate they pay.

Inheritance tax will also be subject to changes from 2017-18. The idea is to allow individuals to each have a ‘family home allowance’ which they can pass on to their children or grandchildren, tax-free, when they die. This allowance will be added to the existing Inheritance Tax threshold currently set at £325k and will potentially allow property up to the value of £1m to be passed down from 2020-21 (see table below). For those with estates valued over £2m the allowance will be gradually withdrawn.

This is how the effective Inheritance Tax thresholds will look in 2020-21: Read more