Does Anything Fall Outside Of IR35?

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What a question, this is asked often and never seems to find a straight answer.  The answer is yes, in 2 different ways depending on how you structure your contracting but read on to find out more.

Firstly if we ask the question, does anything fall outside the scope of IR35 determination? The answer here is yes because if you choose to engage directly without an intermediary (such as your own Limited company) then it’s outside the scope of what IR35 was designed to do.  In essence you’ll have to be self employed (sole trader) which comes with its own raft of tax and other liabilities/risks.  You’ll also still need to make sure that the assignment reflects on your position as that as a contractor and not an employee.  This is not a popular option for contractors, most choose to use a Limited Company to manage their contracting affairs and separate personal from professional.  Contract through your own Limited Company and you’ll need to be fully aware of all the IR35 rules and regs. 

Secondly if we ask the question does any contract/assignment fall outside of IR35? The answer is yes again.  The whole how you determine whether any given contract is inside or outside IR35 is a bit outside the scope of this article (read our guide to IR35 changes for more info) but it’s enough to say that plenty of contracts still fall outside IR35 now and some will continue to in the new year.  What changes in April 2021 will be who decides IR35 status for large/medium sized private companies.  As a “better safe than sorry” mass approach agencies are going to be deciding “It’s Inside IR35” for a LOT of assignments.  This severely impacts how contractors can use their own Limited Co’s and is where the services of an Umbrella Company come in.

At Quad we only charge £15 per invoice helping you to save money and are always here to answer your questions. 

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