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Am I outside of IR35?

Q. I am providing services to the communications department of a Local Authority. I am confident that I am outside of IR35 and the organisation have assessed me as being so. I use all of my own equipment but it is very difficult to carry out the work without being contactable and able to contact staff via a company account given of the nature of the work I am undertaking is communications. If I make it clear in the email signature that I am an independent contractor and provide my business and not a company contact number would that be sufficient to remove any risk that having a company email account and access to coming email addresses might pose ‘re IR35 status?

A. If the Local Authority has assessed you as falling outside of IR35, using HMRC’s CEST Tool, then that is extremely positive and HMRC have stated that they will stand by the results provided that all of the details entered are accurate. You and the Local Authority should ensure that you keep a copy of the CEST Tool result for your records. With regard to having a client e-mail address etc., this really isn’t conclusive in isolation, although it certainly would be helpful for your e-mail signature to show that you are an independent business and include your company number etc.

By Contractor Doctor


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