|
The Intermediaries Legislation, more usually known as IR35, was first adopted towards the start of 2000. When it was introduced, it was supposed to stop workers from avoiding paying tax, and enforce the mandatory National Insurance Contribution (NIC). It would do this by forcing certain companies to pay the same tax as their employees.
This has been an unpopular piece of legislation, especially since most UK freelancers are genuinely self employed consultants who are taking entrepreneurial risk in providing their services. A well worded contract can help them underline their self employed status. Likewise, a poorly worded contract can undermine that status at a stroke.
The easiest way to solve this is to get an expert to review the contract. There are plenty of experienced lawyers who would be willing to look it over, and the average price is just 120. Considering how important it is that you get this right, and what you will be charged if you get it wrong, it's well worth the price.
Before you send it off for review, I'd suggest you check some things yourself, just to see if there's anything that you obviously need to change.
1. If you fail, does your company bear the financial risk of it? [Yes = Good]
2. Does your company profit from sound management in performing a contract? [Yes = Good]
3. Is your company permitted to send alternative personnel? [Yes = Good]
4. Is your company responsible for any bad debts? [Yes = Good]
5. Is your contract a "Contract for services" rather then a "Service contract"? [Yes = Good]
6. Will you receive sick or holiday pay? [no = Good]
7. Are you in a "master and servant" relationship with your client? [No = Good]
8. Do you and your client have mutuality of obligations? [No = Good]
If you are a UK freelancer and all of the above check out in your case, then you might stand a good chance of staying outside IR35. But a word of warning about contracts: It's not just about WHAT is written, but also the WAY it is written. When reviewing contracts, IR35 experts look very closely at wording and phrasing. They know that poor wording can create a chink in your armour that the tax authorities can exploit.
So, the first step in making sure you are completely in the clear with regards to IR35 is to contact an expert reviewer. Get them to take a look at your contract, and sound out anything that might trip you up. Just be sure you get thsi done before you put pen to paper and actually sign it. |