Getting Around IR35

Contractors just do not like IR35 for obvious reasons, but it leaves a bitter taste in the mouths of contractors nationwide when the ‘Office of Tax Simplification’ calls upon the new coalition government  to be culled or reviewed in 2011 – just for the government to ignore the request ( the conservative party had previously stated that they would abolish IR35….).  So in the year 2012, any contractor must ask themselves, ‘how to I work around IR35?’

IR35, Do I fall under it?

Any contractor must make sure that they do not fall inside IR35 legislation, and the way to avoid this is to clearly provide all the necessary paperwork and documentation that you are a ‘self-employed contractor’. If any contractor is unclear as to what the terms of IR35 are, it is possible to go to the HRMC website and find out all the facts there – straight from the source. However, sometimes looking at all the legal technicalities can be slightly perplexing and overwhelming – which is where contractor accountants come in. Speaking to a specialist contractor accountant can really lift the hazy complex of IR35, giving you understanding and perspective upon how to deal with it.

Specialist Contractor Accountants

With most good contractor accountants, they will give you the option of having a free verbal IR35 contract review – which is of much use to any contractor in the UK. On top of this, you can ask for a written report of your IR35 situation – which will highlight your areas of weakness, showing the areas you need to improve on. Remember that no-one can fully insure you against IR35 though. Buying ‘IR35′ insurance will only cover legal fees to help and defend your case, but ultimately it is down to the judgement of HMRC.

It is possible to cut the amount of tax you pay from 100% to 95% by working through your own limited company, which is a way to maximise ‘take home’ money. Yet, also with this it is always best to seek the advice of a specialist contractor accountant who will be able to supply you with solid legal advice as to how to keep as much money as you can.

IR35 is always out to get contractors whether you like it or not. IR35 is essentially very simple, but having a contract which words your way out of it is not enough – you must implement all the things your contract states into practice to really avoid coming a cropper to the dealings of the HMRC.

  • Partner links