Q. I am undergoing SC clearance and there are a number of questions that go into your business dealings for the last five or so years. Whilst I have nothing to hide, my concern is that this will put me on the government’s radar as regards IR35. Have you heard of any cases where a link has been made here?
A. Having to undergo security clearance can have implications with regard to IR35, as the longer it takes it enables HMRC to argue that sending a substitute becomes impractical. Being required to undergo a security clearance is unlikely to put you on HMRC’s ‘radar.’ If you are operating via an agency, under their obligations with regard to reporting requirements they will have to provide HMRC with certain information about your company anyway.