IR35 in the Public Sector

10th March 2017

HMRC: Finally release new Employment Status tool.

The new public sector IR35 assessment rules come into effect on 6 April 2017 and contractors have been concerned that they are unable to confirm their IR35 status. HMRC has now released its long awaited online Employment Status Tool. The tool is available to contractors, engagers and agencies and asks users to choose answers that best match the usual working practices for each engagement. The results are not submitted to HMRC, but users are able to print and keep them.

There are concerns that the release of the Employment Status tool has been rushed by HMRC and some decisions may turn out to be wrong. However, HMRC say they will stand by the results as long as the questions have been answered accurately. Under the draft legislation, contractors do not appear to have any rights to appeal the public sector bodies decision, so this tool should be useful for all parties to ensure the right IR35 status conclusion is reached.

The Press have already reported large numbers of public sector contractors moving into the private sector due to the uncertainty of the new IR35 rules. With the Spring Budget on Wednesday, we wait to see if these rules are to be extended to the private sector, to create a level playing field and stop this mass migration of workers.

Contact us if you require assistance in strengthening your contractual terms and actual work practices, to make sure you continue to fall outside of the IR35 legislation:

Blog entry by: Vanessa Pearson.

 

Other items in Blogs
Barbara Nicholas
25th May 2022 A Grim Reap?

We work hard to improve our lot and most of us hope that our loved ones will reap some benefit from our endeavours. But assuming that we don’t manage to spend all the fruits of our labours, the taxman is lurking. And he will take a sizeable chunk if we don’t plan sensibly.   The…

Jake Day
17th May 2022 We’re Hiring: Tax Careers at Whitings

With a vacancy now open for a Trainee Tax Technician in our Bury St Edmunds office, we’d like to give you a closer look at the highlights of choosing a career in tax – and also the highlights of choosing Whitings as your employer. Why choose tax? The common misconception with a career in tax…

Peter Brown
16th May 2022 e-Commerce: Are you finding keeping your business’s records a nightmare?

Understanding how to account for your business’s transactions with online selling platforms can be complicated. Ensuring that you are submitting the correct information to HMRC can be tricky as not all platforms have the same VAT treatment.   A2X could make your life easier by saving you time and headaches from the complex world of…

Louise Bassett
10th May 2022 Defra Announce 50% BPS advance

As farmers face being squeezed with price increases for inputs due to the situation in Ukraine and worldwide gas and energy prices, DEFRA have announced that the RPA will advance 50% of the value of BPS payments to farmers from the end of July 2022 with the balance to be paid from December as normal.…

Luke Bacon
10th May 2022 HMRC starts chasing up SEISS overpayments

HMRC has started to recover overpayments of Self-employment Income Support Scheme (SEISS) grants. From April, HMRC is writing to taxpayers whose entitlement to the fourth or the fifth SEISS grant has reduced by more than £100 to ask them to repay amounts that were overpaid. Entitlement to the fourth and fifth SEISS grants can be affected…

Charlie Whittle
5th May 2022 TRS – Information required and annual declarations

Intended as a companion to: TRS Who should register and when. The TRS will collect information about the trust and its trustees, settlors and other individuals or organisations exercising control. This will include: Name of the trust. Date the trust was created. Whether the trust is an express trust or not. Details of the trust…