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IR35 Considerations

IR35 rules apply if, in the absence of your company, you would have been an employee of the ultimate client. HMRC has set out a test to determine if an individual falls foul of IR35.

Indicators of employment

  • working set hours, or a defined number of hours a week or a month
  • capability to hire someone else to do the work
  • right to determine at any time what to do, when to work or how to do the work
  • fixed hourly, weekly or monthly rate of pay
  • overtime pay
  • working only at the client’s premises
  • working for one client at a time

Indicators of Self-Employment.

  • right to choose how to do the work for the client
  • potential commercial risk, ie can you make a loss on the contract?
  • providing the main items of equipment needed to do the job for the client
  • right to hire other people and determine terms with them to undertake the work
  • payment to sub-contractors for services on a contract
  • rectification work at your own expense and your own time
  • working for more than one customer and on more than one contract at a time

You have to consider each of your contracts in isolation, since conditions will vary for each. The number of clients you have is a useful indicator whether the work for each of your customers is as an employee or not. The more client that you have or work for at any one time works in your favour.

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