Public Sector IR35 Investigation

Q. My last contract was in the Public Sector and I was subject to an IR35 investigation which I passed as both my contract and working practices were outside of IR35. HMRC stated they would not perform another IR35 investigation in the next 3 years if my working practices did not change. If I took another Public Sector contract post with the same body post April 2017 and my working practices were the same as before would I be safe to say I am still outside of IR35 and use the HMRC decision letter as proof of this?

A. The rules for contractors working in the public sector change from April 2017 so it may be that you are not able to fully rely on the letter you received from HMRC previously. However if your working practices haven’t changed this should certainly presented to the public sector body when the time comes for them to determine your IR35 status from April 2017, which should serve as strong evidence to support your position. If the public sector body were to indicate your status as inside of IR35, you would certainly have strong grounds for appealing their decision.

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