IR 35 is actually the Governments method of preventing the concept of the solitary contractor charging their services out to a, often, single organization for long periods of time. The actual benchmark employed by Her Majesties Revenue and Customs (HMRC) is 24 months.
Simply by working for just one organization HMRC take the view that you're effectively staff although using a different vehicle to get remuneration. Obviously as an independent contractor you avoid the PAYE system and that could result in paying far less income tax and national insurance than had you been staff.
A lot of contractors would like to work as self employed plus they can frequently obtain helpful advice from a specialist in contractor accounting and IR35 issues. Since the contractor operates through his / her own limited company they are able to reduce salary and pay themselves additional amounts via company dividends.
A few contractors might try to persuade themselves that they're outside of IR35 and make motives as to why that should be the case. On the other hand should the HMRC take a different view then the repayments, penalties and fines may mount up to a relatively large amount of money.
ir35 accountants by their very nature will detail all of the areas that IR35 considers and just how the HMRC look at employed v self employed. An effective contractor accountant should be able to express a viewpoint on if you are inside or outside of IR35.
A few contractors may feel that they fall into a greyish area, uncertain if they are, or are not snagged by IR35. Often when confronted with this kind of choice the contractor tends to protect themselves by using IR35 insurance.
Quite a few companies supply IR35 insurance. Full details of the way they will work and what the IR35 insurance covers will have to be taken into consideration.
Usually the first place to check will be the contract of engagement. It is important to note that this one thing is not going to protect you from IR35. In fact the HMRC are making it clear that they may look past any paperwork and consider the nature of the engagement.
So there exists a chance that if you are absolutely covered by your contract you'll probably still fall foul if the HMRC legislation. This is often costly and good advice from a qualified ir35 accountant can be invaluable.
This article has been written by www.alphaukltd.com
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