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Demystifying IR35: Are You Ready?

Either IR35 is already high on your priority list or it’s about to be. Reforms are kicking in that will put a very different lens on how you engage contractors, with a lot more responsibility on you as you engage people and work.

What does this really mean for your business? How can your organization comply with the new legislation? Perhaps most critically, how can you ensure you continue attracting the skills of top external talent to keep your business ahead of the competition?

This has been a long time coming; IR35 is not a new concept. It was designed to identify individuals who choose to work under their own limited companies or umbrella companies to reduce their tax liabilities rather than being payroll employees – effectively being a “disguised employee,” at least as the tax authorities see it.

Until recently, it was relatively straightforward to work as a contractor under a limited company, even if the contractor was working for most or even all of their time for a single employing organization. Many would argue that the tax efficiency of this approach was part of what attracted contractors to take on the risk and that the flexibility for workers and employers provided an important channel for organizations to engage its external workforce.

Either way, the regulatory framework is changing and this needs to be managed carefully. The changes have already had some significant impacts in the public sector and it has been estimated that the UK Treasury will be missing out on approximately £3 billion in extra tax receipts from 2020 to 2025 if steps are not taken to enforce IR35 in the private sector too. So it’s no surprise that legislation is being tightened up to collect these taxes. To be clear, this is not just contracting in IT roles, but spans many professions: from financial technology freelancers and oil industry technicians to independent professionals working in the broadcast media and entertainment industries, and more.

April 2020 is the date for when the obligation to make checks in the private sector will shift from the contractor to the “engager,” or the hiring firm or manager. This now gives Her Majesty’s Revenue and Customs (HMRC) fewer but larger targets to use the legislation against and recover taxes. In support of this, HMRC has recently released the Check Employment Status for Tax (CEST) tool for engagers to determine the employment status of a contractor. A similar tool has been used in the UK public sector in recent years , but adoption of the tool has been slow and there have been questions about the accuracy of the results. Nonetheless, organizations must be ready or face back-dated tax bills with penalties on top.

So consider the following:

We’re just scratching the surface here. If you’re interested in diving deeper into IR35, join an upcoming webinar on January 22:


Pascal d’Arc is a senior director in the SAP Center of Excellence for Spend Management at SAP.

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