Tag: HMRC

DMS Posts, Tax

What is IR35?

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Definition of IR35

IR35 is a piece of legislation that allows HMRC to collect additional payment where a contractor is an employee in all but name.

If a contractor is operating through an intermediary, such as a limited company, and, but for that intermediary, they would be an employee of their client, IR35 kicks in.

If the contractor’s contract is in the public sector, it’s up to the engager (the contractor’s client) to determine whether IR35 applies. If it does, the engager will place the contractor onto their payroll and will deduct income tax and National Insurance before paying the contractor.

If the contractor’s contract is in the private sector, IR35 requires the intermediary to make an extra payment to compensate for the additional tax and NI that HMRC would have received on an equivalent employee’s wages.

From April 2021, the rules are due to change for contractors working with medium to large sized clients in the private sector. Like the public sector, these clients will have to determine whether the contractor falls inside or outside IR35.

When IR35 legislation applies, a contract may be described as ‘within IR35’ or ‘caught by IR35’.

Determining IR35

Whether a contractor is an employee in all but name may vary from client to client and from project to project. When determining this HMRC will look at the whole picture, but key factors are:

  • Does the contractor have to carry out the work personally, rather than being able to send a substitute?
  • Does the client have to provide the contractor with work, and/or does the contractor have to carry out any work that the client requests?
  • Does the client have control over how, when and where the contractor carries out the work?

Answers of yes to these questions will indicate a quasi-employment relationship. You can also use CEST, which is HMRC’s online tool to help determine IR35.

Note that HMRC will look at what actually happens (or would happen) in practice, rather than the terms of the contract. HMRC will also look at other factors, such as whether the contractor has an office at the client’s site, an email address and/or job title indicating that they are part of the client’s business, and so forth.

DMS Posts, PAYE

What is CEST?

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Definition of CEST

CEST is short for Check Employment Status for Tax. It’s a digital tool designed by HMRC to help public authorities decide if a worker falls inside or outside the scope of IR35.

The tool comes in a quiz-like format and can be accessed here.

Why was CEST introduced?

When off-payroll working rules were introduced to the public sector in 2017, the onus to certify whether a worker fell inside or outside IR35 shifted from the worker to the public sector authority.

HMRC produced the CEST tool to help public sector authorities make these decisions quickly and cheaply.

An updated version of the CEST tool was released in November 2019.

Does CEST only apply to the public sector?

CEST can be used in both the private sector and the public sector but it’s important to note that the private sector is assessed differently under the off-payroll regulations. In the private sector, the onus is on contractors to declare whether they fall inside or outside IR35, rather than their clients.

From April 2021, the rules on off-payroll working in the private sector are set to change, bringing it in line with the rules that apply to the public sector for contractors working with large and medium-sized business clients.

DMS Posts, Other, PAYE, Tax

Inside and outside IR35: What you need to know

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With rules set to change in the private sector from 6 April 2021, it’s important to understand what implications this might have on your contracts and tax bills.

The responsibility for determining your status in the private sector will shift to your client, if they are eligible. If you believe you are outside IR35, you’ll need to ensure your freelance contract and working practices clearly demonstrate your relationship as a contractor.

What’s the difference between inside IR35 and outside IR35?

Your status impacts the employment taxes you will pay.

Inside IR35
  • You pay the same tax and National Insurance as you would if you were an employee. 
  • You are only an employee for tax purposes, you have no employment rights.
  • Your client will be required to pay the necessary tax and NIC, which includes Employers’ NIC and the apprenticeship Levy where applicable.
Outside IR35
  • Nothing changes. You are paid a flat fee as normal and are responsible for managing your own taxes.

How and who pays the appropriate taxes largely depends upon a number of key factors: control over how the work is done, whether your personal service is required and mutuality of obligation. However, how you are set up in business can also be an influencing factor.

Not sure whether your contract is inside or outside?

You can check your employment status for tax using this tool from HMRC

Having a tax specialist review your contract can give you peace of mind. FSB members have access to a contract review service, for an additional fixed fee.

My last contract was outside IR35, but this one is inside?

IR35 applies on a contract by contract basis, so your status may differ depending on the contract agreed.

To remain compliant, you’ll want to brush up on your understanding of the new rules in the private sector.

If you don’t agree with your client’s decision about your employment status the legislation gives you the right to submit a written challenge to the Status Determination Statement and requires the end client to respond within 45 days to further explain their reasoning.

DMS Posts

The post-transition border plan

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The UK government’s Border Operating Model (BOM) is the plan detailing the processes and systems, across all government departments, that will be used at the borders of Great Britain from 1 January 2021.

What will this mean?

Customs declarations

Import VAT

  • VAT will be levied on consignments of EU goods exceeding £135 in value following the same rates and structures as are applied for the Rest of the World imports.
  • VAT-registered importers will be able to use postponed VAT accounting and different rules will apply to consignments valued less than £135.

UK Global Tariff

  • Importers will need to pay customs duties under the new UK Global Tariff, unless the import is covered by the preferential terms of a UK free trade agreement.
  • Duty will need to be paid on the basis of the origin, classification and customs value of the imported goods.

Exporting

Safety and Security declarations

  • Not required for EU-to-GB standard goods until July 2021
  • Products of animal origin will require pre-notification of relevant health documentation from April 2021. 

Temporary Storage and Pre-lodgement models at ports

  • Temporary Storage model:  imported goods can be stored at the frontier for up to 90 days before being declared to customs
  • Pre-lodgement model: a customs declaration will be submitted in advance of boarding on the EU side.

Goods Vehicle Movement Services

  • Will be used in Northern Ireland from 1 January and for imports to Great Britain from 1 January for transit movements and thereafter as checks are introduced.
  • Full use from July 2021.
  • Goods moving between GB, NI and onto the EU will be governed by the Northern Ireland Protocol.
DMS Posts

Brexit: how small businesses can prepare

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The road to Brexit hasn’t been the smoothest journey for small businesses so far and as the new year approaches, there are a number of new rules for businesses on the horizon. Despite some remaining uncertainty surrounding the details of Brexit, we know that the UK’s transition period for leaving the EU will officially end on 31st December 2020 and will not be extended.

As a result, your business may need to make a few changes from 1st January 2021 onwards. Most of these changes will need to take place regardless of the agreement the UK reaches with the EU on its future relationship because the UK will definitely be leaving the single market and customs union.

If any of the following conditions apply to your business, you’ll need to make sure you comply with any relevant new rules from 1st January:

If you sell goods to the EU then you must prepare for new customs procedures.
If you travel to the EU for work purposes, you will need to check if you need a visa or work permit and then apply if necessary.
If you employ overseas nationals, you will need to prepare your business for the implementation of a new immigration system.


If you run a UK business that receives personal data from contacts in the EEA, you may need to take extra steps to ensure that the data can continue to flow legally at the end of the transition period.


If you provide services in the EU, you must ensure that your qualifications are recognised by EU regulations in order to be able to practise or service clients in the EU.


Every business will have different rules to comply with, so the government has created a handy tool to help you identify the actions that your business needs to take. As January is rapidly approaching, we’d strongly recommend that you find out what your responsibilities are as soon as possible.