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ARTICLE · 04 DECEMBER 2023

Off-Payroll Working (IR35) – What Are Your Obligations?

IR35 is a piece of legislation designed to close a loophole to prevent workers from setting up a Limited Company in order to pay less tax.

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What is IR35?

IR35 is a piece of legislation designed to close a loophole to prevent workers from setting up a Limited Company in order to pay less tax.

The specific mischief that the rules are designed to tackle are situations where an individual supplies services to a client via an intermediary (usually a Personal Service Company, known as a 'PSC') and, but for the existence of that intermediary, would be regarded by HMRC as an employee of the client.

How does such an arrangement result in less tax being paid?

The PSC will have the contract with the client and will invoice for services provided by an individual to that end client. As the PSC is not an employee of the client, it is paid gross (without deduction of any Income Tax or National Insurance). Typically, the individual supplier of the services will then draw money from the PSC, in the form of dividends, which are exempt from National Insurance and which attract a lower rate of Income Tax

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