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Does appearing on a client website impact IR35?

Q: “I am a contractor working for a small company in the aerospace sector for whom I have worked with for a number of years. My client is creating a new website and wants to include me under a ‘subcontractor’ page. Would I be wise to give him my consent or could this lead to potential IR35 problems in the future?”

A: When considering your employment status, whether you are a self-employed contractor or operating through your own PSC, it’s best to avoid situations and scenarios which appear to show that your client sees you as part and parcel of their business. Being named or featured on their website – even as a subcontractor – is one such situation.

You also mention that you work with a small company, so it’s worth bearing in mind that when engaged by any company considered ‘small’ (based on HMRC’s guidelines), you will retain the right to determine your own IR35 status and will continue to carry the liability for doing so when IR35 reform is enforced on 6th April 2020. 

This answer was provided by IR35 specialist, Qdos Contractor.

By Contractor Doctor

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