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ARTICLE · 11 AUGUST 2022

Should Large Businesses Use CEST To Determine IR35 Status?

Lewis Silkin
Lewis Silkin
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Lewis Silkin

Lewis Silkin

Joint managing partners: Jo Farmer, Richard Miskella International offices: Dublin, Hong Kong...

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Since April 2021 large and medium sized businesses in the private sector which engage contractors who are supplying their labour via their intermediary (such as a personal services company)...

United KingdomEmployment and HR

New tax guidance encourages large businesses to comply with the CEST determination – HMRC's tool for checking employment status. This article looks at HMRC's approach.

Since April 2021 large and medium sized businesses in the private sector which engage contractors who are supplying their labour via their intermediary (such as a personal services company) are required to determine the status of those contractors for the purposes of IR35. Businesses must determine whether the contractor is a "disguised employee" i.e. whether the contractor would be an employee of the business if they were hired directly. If the contractor is a disguised employee (and so inside IR35) the entity which has the direct contractual relationship with the contractor's intermediary must operate PAYE and NICs on the fees it pays to the intermediary.

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