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Decoding IR35: Your Guide to Contractor Tax Status

Decoding IR35: Your Guide to Contractor Tax Status

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.

UK Landlords: Is Your Portfolio Ready for the Digital Tax Revolution? (Making Tax Digital for Landlords)

UK Landlords: Is Your Portfolio Ready for the Digital Tax Revolution? (Making Tax Digital for Landlords)

UK Landlords: Is Your Portfolio Ready for the Digital Tax Revolution? (Making Tax Digital for Landlords)

Attention UK landlords! The way you manage your property finances and report to HMRC is undergoing a major transformation. Making Tax Digital for Income Tax Self Assessment (‘MTD IT’) is no longer a distant whisper – it’s becoming a reality, and Taxfile is here to help you navigate this essential change.

Forget the headache of last-minute annual Self-Assessment tax returns! MTD for Landlords is designed to streamline your landlord tax obligations, demanding a shift to digital record keeping and MTD-compatible software. Don’t get caught unprepared – let’s explore everything you need to know about MTD for landlords and how to ensure a smooth transition.

Unpacking Making Tax Digital (MTD) for Landlords

MTD is a cornerstone of HMRC’s initiative to modernise the UK tax system, making it more efficient and accurate. For landlords, this translates into a few key changes:

Mandatory Digital Record Keeping

Bid farewell to paper trails and spreadsheets! You’ll be required to keep all your rental income and expenses in a digital format, using HMRC-recognised software. This includes meticulous details of income received, dates, amounts, sources, and all supporting documents like receipts and invoices.

Quarterly Digital Updates

The biggest shift! Instead of a single annual submission, summaries of your income and expenses are submitted to HMRC every three months through the HMRC-approved software. This offers a more real-time picture of your tax position.

The New “Final Declaration”

At the end of the tax year, a final reconciliation is submitted to HMRC, confirming the accuracy of your quarterly updates and finalising your overall tax liability. This effectively replaces your traditional annual Self-Assessment tax return.

Will MTD for Landlords Affect YOU?

(Key Income Thresholds)

The implementation of MTD for Landlords is phased, so understanding your MTD income threshold is crucial:

  • From April 6, 2026: If your total annual gross income from property (and any self-employment) exceeded £50,000 in the 2024-25 tax year, you’ll be mandated into MTD.
  • From April 6, 2027: The requirement expands to landlords with a total annual gross income from property (and any self-employment) over £30,000.
  • From April 6, 2028: The scheme is set to include landlords with a total annual gross income from property (and any self-employment) exceeding £20,000.

Important Consideration: This “income” refers to your gross income before any expenses are deducted. If you jointly own property, the threshold applies to your individual share of the income. Even if your income falls below these thresholds, you have the option to voluntarily sign up for MTD, allowing you to get ahead of the curve.

Finding Your Perfect MTD Landlord Software Solution

To comply with MTD IT, you absolutely must use software that is HMRC-compatible and can communicate directly with HMRC’s systems. This software will be your new best friend for:

  • Maintaining precise digital records of your income and expenses.
  • Submitting your quarterly updates to HMRC with ease.
  • Submitting your final declaration to complete your tax year.

While there are many options for accounting software for landlords MTD, we at Taxfile are particularly impressed with FreeAgent for its user-friendliness and powerful features.

We recommend FreeAgent for MTD IT and digital accounting for landlords.

Why We Recommend FreeAgent for Landlords:

  • Free access potential — FreeAgent is completely free to you while you bank with NatWest, Royal Bank of Scotland, Ulster Bank, or have a Mettle Account (just ensure Mettle is set as your primary business account within the software). This is a significant cost-saving for landlords.
  • Tailored for landlords — FreeAgent offers a version specifically designed to meet the unique needs of property owners, including a convenient mobile app for landlords to manage finances on the go.
  • Unincorporated landlord support — FreeAgent is specifically tailored for unincorporated landlords.
  • Automated bank imports — Say goodbye to manual data entry! FreeAgent automatically imports bank transactions, simplifying your landlord bookkeeping.
  • HMRC compatible & user-friendly — It’s fully recognised by HMRC for MTD and boasts an intuitive interface, making it accessible even for those new to digital accounting.
  • Excellent support & training — FreeAgent provides top-notch customer support and comprehensive training resources, helping you get the most out of the software.

Any optional add-ons may be chargeable.

Your Essential MTD Preparation Checklist: Don’t Delay!

MTD is a substantial change, but with a proactive approach, you can ensure a smooth transition. Here’s your action plan:

  1. Assess your income. Confirm your gross property and self-employment income for recent tax years to pinpoint your mandatory MTD start date.
  2. Embrace digital records NOW. Start digitising all your rental income and expenses immediately. This will make the transition to MTD software much easier.
  3. Research & select MTD-compatible software. Explore options like FreeAgent or other HMRC-recognised landlord accounting software that suits your portfolio size and needs.
  4. Get hands-on with your software. Familiarise yourself with your chosen software’s features for record keeping and submitting updates well before the deadlines.
  5. Consider the MTD pilot (if eligible). Voluntarily joining the MTD for Income Tax pilot can provide invaluable experience with the system in a low-pressure environment.
  6. Partner with Taxfile. This is where we come in! Our team at Taxfile is ready to provide expert MTD advice for landlords and guide you every step of the way.

Taxfile is Here to Help You Thrive with MTD!

Navigating new tax legislation can be daunting, but you don’t have to do it alone. Taxfile offers comprehensive support for landlords preparing for MTD:

Expert Guidance & Setup

We can answer all your MTD for landlords questions and assist with the initial setup of your chosen software.

Structured Planning

We’ll help you establish monthly goals to ensure your digital tax records are up-to-date, avoiding a last-minute rush before those crucial MTD deadlines.

Bookkeeping & Quarterly Filing Assistance

Whether you need a little help or full involvement, we can assist with your landlord bookkeeping and ensure accurate quarterly submissions.

Don’t let Making Tax Digital for Landlords become a burden. Contact Taxfile today to ensure your property portfolio is MTD-ready and positioned for continued success!

CIS sub-contractor refunds - a service from Taxfile, Tulse Hill, South London

CIS Sub-contractors – Claim Your Tax Refund Now!

CIS sub-contractor refunds - a service from Taxfile, Tulse Hill, South London

[April 2025]: It’s now time to start the process of claiming your tax refund if you are a sub-contractor working within the Construction Industry Scheme (‘CIS’). Refunds are usually fast through Taxfile. What’s more, we’ve reduced our prices this year for CIS customers earning less than £40k (click here for details).

What you need to do

Don’t delay – book an appointment with Taxfile today or call 0208 761 8000 and we’ll sort it all out for you. We have staff who speak English, Polish, Pashto, Dari, Russian, Malayalam, and Dutch, should you need them on the day. Our Tulse Hill office is at 25 Thurlow Park Road, London SE21 8JP. Call 0208 761 8000 or book an appointment — the first 20 minutes is free! Alternatively, you can have a ‘virtual’ appointment with us on Zoom, Teams, Google Hangouts, Skype, FaceTime, WhatsApp or whatever you prefer.

We’re open from Monday to Saturday in April & May including early evenings on Mon/Tues

Our Tulse Hill office is open 6 days a week during April & May and offers Saturday morning appointments plus early evening appointments on Mondays and Tuesdays if standard office hours do not suit you (please see the footer of this website for details or simply call us).

Check List

Read more

Lower Prices for CIS Clients – We’re on Your Side!

Lower Prices for CIS Clients – We’re on Your Side!

Lower Prices for CIS Clients – We’re on Your Side!

By Julie at Taxfile.

At Taxfile, we understand that the cost of living is hitting everyone’s pockets. That’s why we have taken bold action to make things a little easier for our valued CIS (Construction Industry Scheme) clients earning less than £40k. We are dropping our prices like never before! Now, you can benefit from our expert services for just £220 +VAT (£264).  That’s right – we have slashed our prices by £55 to make sure you keep more of your hard-earned money where it belongs: in your pocket.

Why Choose Taxfile?

With over 25 years of experience, we know a thing or two about providing reliable, friendly, and expert accountancy services. Unlike other accountants, we pride ourselves on being approachable and accessible. When you work with us, you’re not just another number – you are part of our Taxfile community.

The internet is full of agents promising you huge tax rebates, but the truth is, many of these so-called “experts” leave you at risk of being investigated by HMRC.  Taking shortcuts with your taxes can be costly in the long run. At Taxfile, we do things the right way – no dodgy deals, just honest, professional advice you can trust.

Our invoices will have an additional £6 HMRC investigation cover fee, which means you are protected from additional costs if HMRC decides to investigate your tax return. At a total cost of £270, not only will we calculate and submit your tax return, but we will support you after its completion.

If you are a sub-contractor working in the CIS scheme, find out what you need to provide to begin your tax refund claim here.

We want to Give Back to Our Community

We value your trust in us. That is why we offer a £35 referral fee for every new CIS client you recommend. So, why not share the love and put some extra cash in your pocket?

We hope to be leading the way by giving access to affordable, professional accountancy services. Together we can build a stronger and more financially secure community, bucking the trend of rising costs.

Stay Ahead of HMRC Compliance Checks for CIS Contractors

Stay Ahead of HMRC Compliance Checks for CIS Contractors

Stay Ahead of HMRC Compliance Checks for CIS Contractors

By Ali at Taxfile.

As the new tax year approaches, CIS contractors must prepare for the upcoming 2024/25 tax return season.  Last year we witnessed a significant increase in HMRC compliance checks delaying refunds, with many contractors being asked to provide detailed CIS pay/deduction slips and bank account transactions to verify their income.

At Taxfile, we are here to help you navigate these challenges and ensure your tax affairs are in order while offering you peace of mind with our unique HMRC investigation cover.

Why Are HMRC Compliance Checks on the Rise?

HMRC has ramped up its efforts to ensure compliance among CIS contractors, particularly focusing on verifying income and deductions. Last year, many contractors were caught off-guard when asked to provide:

  • CIS pay/deduction slips to confirm tax deductions at source.
  • Bank account transactions to prove income received from contractors.

Failure to provide these documents can lead to penalties, delays, and even full-scale investigations. With HMRC’s increased scrutiny, it’s more important than ever to ensure your records are accurate, complete, and readily available.

At Taxfile, we specialise in supporting CIS contractors with their tax returns and compliance needs.

How we stand out:

1. Expert Preparation of CIS Tax Returns

Our team ensures your 24/25 tax return is accurate, compliant, and submitted on time. We review your CIS pay/deduction slips, income, and expenses to minimise the risk of errors that could trigger an HMRC compliance check.

2. HMRC Investigation Cover is Included

Unlike other accountancy services, our invoices include HMRC investigation cover as standard. If HMRC decides to investigate your tax return, we’ll handle all the additional work required to represent you—at no extra cost. This means you’re protected from unexpected fees and stress.

3. Proactive Record-Keeping Support

We guide you on how to maintain proper records, including CIS slips, bank statements, and expense receipts, so you’re always prepared for an HMRC request.

4. Dedicated CIS Specialists

Our team understands the unique challenges faced by CIS contractors. We’re here to answer your questions, provide tailored advice, and ensure you’re fully compliant with HMRC regulations.

With HMRC’s increased focus on compliance, now is the time to act to ensure you get your refund sooner. We urge you to come prepared with your CIS deduction slips and your bank feed covering the period from 06/04/2024 – 05/04/2025.

Lowering the Secondary Threshold for Employer NI – What You Need to Know

Lowering the Secondary Threshold for Employer NI – What You Need to Know

Lowering the Secondary Threshold for Employer NI – What You Need to Know

From April 2025, the secondary threshold for employer National Insurance (‘NI’) will be lowered. This means that employers will need to start paying employer NI contributions on their employees’ earnings sooner.

How Will This Affect Employers?

This change will affect employers in a number of ways. Firstly, employers will need to pay more in employer NI contributions. Secondly, employers will need to update their payroll systems to reflect the new threshold.

Employer NI and Employment Allowance Update

As an employer, you are responsible for deducting and paying National Insurance contributions (‘NICs’) for your employees. There are two types of NICs:

  • Employer NICs — These are paid by you as the employer.
  • Employee NICs — These are deducted from your employees’ wages.

Employment Allowance

The Employment Allowance is a relief that allows eligible employers to reduce their National Insurance contributions. The allowance increases from £5,000 to £10,500 per year from April 2025.

Increase in Employer NICs

From April 2025, the rate of Employer NICs increases from 13.8% to 15%. This means that you will need to pay more NICs for your employees.

How Taxfile Accountants Can Help

Taxfile Accountant can help you with all aspects of your payroll, including:

  • Calculating and deducting NICs
  • Claiming the Employment Allowance
  • Preparing and filing your payroll reports

We can also provide you with advice on how to minimise your NICs liability.

Late with your tax return and tax payment? What happens now?

Missed the Tax Return Deadline? What Happens Now?

Missed the Tax Return Deadline? What Happens Now?

[Updated February 2025]: If you missed the 31 January deadline to submit your self-assessment tax return, you are now into the penalty stage. HMRC applies an automatic £100 penalty to those who are anywhere from 1 day to 3 months late. Further penalties are then added if you take even longer to comply. It’s even worse if you haven’t paid the tax owed to HMRC by 31 January because you’ll then owe interest on that too.

Our Advice if You’re Late

If you are late submitting your tax return and/or paying the tax owed, our advice is to:

  1. submit your tax return without delay;
  2. pay as much tax as you can as soon as possible*.
    By doing both, you’ll minimise the penalty and interest payable to HMRC.

* Payment of any historic tax for 2023/24 and prior years is best dealt with by the last day of February at the latest. Any amount that remains due for 2023/24 is considered late thereafter and will attract an automatic HMRC charge of 5%.

What if you Cannot Pay?

If you cannot pay (or have tax arrears) it’s important that you demonstrate to HMRC that you’re paying as much as you can — and as regularly as possible. The good news is that HMRC has a quick and easy facility for exactly this purpose. By calling 0300 200 3402, you can pay using a debit card. It takes only minutes and doesn’t require any explanation — give it a try!

You will need your tax reference and, after making a payment, will be given a payment reference.

Possible Excuses for Late Tax Returns

What are your options if there were genuine reasons, beyond your control, that stopped you being able to submit your tax return on time? Well, if you “took reasonable care to meet” a deadline and there was a genuine reason why you were late, you have the option to appeal. However, your circumstances must fit HMRC’s eligibility criteria. Let’s take a look at those below.

Circumstances that are taken into account by HMRC when considering appeals include:

  • if a close relative or partner died shortly before the tax return or payment deadline;
  • if you had to stay in hospital unexpectedly;
  • if you had a life-threatening or serious illness;
  • if your computer or software failed at the time you were preparing your online return;
  • if HMRC’s online services were disrupted;
  • if you were prevented from filing your return or paying your tax because of a fire, flood or theft;
  • if there were unexpected postal delays;
  • if you have a disability of mental illness that affected the delay;
  • if you misunderstood your legal obligation, or were unaware of it;
  • if someone you’d appointed for the task (e.g. accountant or tax adviser) failed in their obligation on your behalf;
  • and occasionally other reasons which, if genuine, HMRC may deem to be relevant (for example, some Covid-related circumstances).

Excuses that aren’t usually accepted by HMRC include:

  • you didn’t receive a reminder from HMRC;
  • you found HMRC’s online system too difficult to use;
  • your cheque bounced or payment failed due to you having insufficient funds;
  • you made an error on your return.

Appealing Against an HMRC Penalty

You have the right to appeal against HMRC’s decision to issue you a penalty so long as it’s appealed soon enough after the penalty notice. That includes penalties for late tax returns or payments. Taxfile can help advise you about all of that (see below).

Taxfile are Here to Help

If your tax return is late, you owe HMRC tax, or are owed a refund by them, come and see us as soon as possible. Taxfile are accountants and tax advisors in Tulse Hill, South London. We’ll help to sort it all out for you with the minimum of fuss, at a competitive price. Come in as early in the month as you can and we’ll help you to sort things out — for the best possible outcome. We know the rules and liaise with HMRC every single day on behalf of our clients. So, if we can help convince HMRC to reduce or completely remove any penalty you may be facing, we will do so, so long as your circumstances fit the relevant HMRC criteria. You can only appeal within 30 days of the date of any penalty notice you receive, so the earlier you contact us the better – give us a call on 020 8761 8000 or fill in this short form and we’ll take it from there. Alternatively, book an appointment with one of our expert tax advisors to chat things over, without obligation. Payment plans called ‘Time to Pay’ arrangements may also be available for eligible people who cannot to afford to pay their tax in one lump sum — Taxfile would be happy to tell you more.

020 8761 8000 Book Appointment Get Started Here
Final day to submit your Self-Assessment tax return

31 January Was the Tax Return Deadline!

TODAY is the Self-Assessment tax return deadline!

[As at 31 January 2025]: The 31st January is THE FINAL DEADLINE by which you need to file your Self Assessment tax return with HMRC. If you miss that deadline (11.59pm on 31st), you risk a £100 HMRC fine right away plus other significant penalties thereafter. Interest will also be charged from 1 February if tax is not paid by midnight on 31 January (rules apply).

Time is running out, so contact Taxfile for help with your tax return as soon as possible please. Book an appointment* with one of our helpful tax advisors and accountancy experts TODAY and we’ll make filling in and submitting your tax return simple!

020 8761 8000 Book Appointment Get Started Here

We’ll make filling in and submitting your tax return easy!

Come in as soon as you can for professional help with filing of your tax return. We’ll require your records and figures for the financial year 6 April 2023 to 5 April 2024 unless you have a different accounting period. Plus any previous years not yet submitted, if applicable.

* As well as a face-to-face meeting, we can do a ‘virtual’ meeting with you, for example using Zoom video, Microsoft Teams, FaceTime, WhatsApp, Google Hangouts — or whatever suits you best.

It doesn’t matter if you have zero tax to pay – you still need to submit your tax return.

020 8761 8000 Book Appointment Get Started Here

* Please note: in busy times like January, a deposit may be required before appointments commence.