No changes to IR35 until 2017….maybe
Although not officially published yet, the minutes of the IR35 Forum meeting of the 15th December are, according to sources, set to confirm that HMRC are to let the IR35 sleeping dog lie to for the time being at least. Any change to the structure of IR35 will not therefore take place until April 2017 at the earliest.
It would appear that HMRC may have taken on board the criticisms levelled at some of their suggestions contained in the July discussion document, such as using the supervision, direction or control (SDC) test as the sole indicator of whether or not IR35 applies and getting engagers more involved in the IR35 process.
We already know that HMRC are currently reviewing its Employment Status Indicator (ESI) tool with a view to increasing its use and providing greater certainty. Improvements are expected to be delivered by April 2016 with further work to be carried out through 2016/17. The department are also to consider whether they could stand by the ESI tool’s results if it has been properly and reasonably completed. This would mean that, where a business has acted reasonably, there is little risk of HMRC challenging the status of its workers.
The additional work on the ESI tool throughout the next tax year could therefore culminate and coincide with IR35 reforms in April 2017.
Although IR35 was outside of the scope of the Office of Tax Simplification’s (OTS) review of employment status, the OTS suggested that the interaction between IR35 and the employment status review recommendations be explored. Whilst this was rejected, the government will consider the recommendations as part of the dialogue with business on improving the effectiveness of the intermediaries legislation.
The OTS also brought about the establishment of a Cross-Government Working Group for Employment Status that will consider the benefits of and barriers to an agreed set of employment status principles and a statutory employment status test. Along with the Treasury, DWP and the Department for Business, Innovation and Skills, HMRC are also part of this group and may therefore use some of the findings in its IR35 masterplan.
So as we head into 2016 its as you were as far as IR35 is concerned but rather that than some of the rumours that were being perpetuated shortly before the Autumn Statement.
Leave a Reply