Fundamentally, the dreaded term, ‘IR35’ is the name given to a tax legislation that is aimed at identifying individuals who are avoiding paying the tax that they should be. The IR35 legislation specifically challenges those people who supply their services to clients via their own company, often known as a ‘personal service company’, or a limited liability partnership, who, in the ever watchful eyes of the HMRC, should be classed as ‘disguised employees’. This basically means that the HMRC do not recognise the contractor in question as ‘self-employed’ from a taxation perspective and therefore they should be taxed the same way that a general employee should be, thus falling under what is called IR35.
Falling under the legislation could have a huge impact on a contractor, because if their position at a company is seen as being an employee by the HMRC, they still would not be under employment by the company providing the contract, therefore not receiving any bonuses, benefits or ‘perks’ that employees’ often have. Basically, the consequences of falling under IR35 can result in significant financial penalties. Now, if you have already became confused with some of the terms used (which don’t worry, they can get confusing) then don’t panic, click on any of the terms used for full descriptions and explanations.
The general point of IR35 is to stop those who act like and are treated like employees pretending that they aren’t, therefore having the right to all the tax breaks that those working under limited companies receive. This is the core idea behind the term, a ‘disguised employee’.
*KEY POINT* IR35 has an impact on all contractors who fail to meet the definition of ‘self-employment’ made by the HM Revenue & Customs, who (fittingly) are tightening their grip on all those who potentially fall inside IR35.