HMRC issue statement on intermediary definition for IR35.

HMRC issue statement on conditions where the intermediary is a company for IR35.

Over the last few weeks, you may have seen the information that we have posted on the “hiccup” with the drafting of the IR35 Reform Legislation and the Guidance issued by HMRC. Well it appears that HMRC have sat up and listened.

In conversations, they noted that the interpretation of the changes had caused unnecessary issues which placed umbrella companies as an intermediary for the purposes of the legislation, leaving the burden of taking all tax and NI deductions to the recruitment agencies. HMRC have now confirmed that it was not their intention to catch umbrella companies in this way and have provided the following official statement after a meeting between stakeholders and HMRC officials on Wednesday, 14 October.

The statement reads as follows: “Off-payroll working from 6 April 2021 – interpretation of section 61O and the conditions where the intermediary is a company”.

Many will argue that this is simply HMRC’s guidance on the matter, however this does not amend the legislation at this time. It is expected that, in time, the amends will be made which will keep the umbrella company away from the definition of an intermediary for the purposes of the legislation.

We will watch this space, but for now it does provide some comfort to umbrella companies and to those agencies who would have found themselves in quite a predicament come April 2021.

The Contracting Awards 2020 Finalist

The Contracting Awards 2020 Finalist

The Contracting Awards recognise the top contractor suppliers in the UK, and Clarity Umbrella are so pleased to announce that we have been shortlisted as one the Best Umbrella Companies under 1,499 clients.

The category looks for the best Umbrella Companies supporting the contractor market and they are asked that they are able to show excellence in customer service, show their commitment to compliance and demonstrate what they do to provide excellent customer service and added value for their customer.

To achieve this Finalist status is something that we, here at Clarity, are incredibly proud of, especially as we have only just come to the end of our first full year in business and we are competing against competitors who have been in business for many years.

We will continue to ensure that we invest our time and effort into customer service and compliance as well as ensuring we are always on hand to offer best advice to contractors and suppliers throughout the supply chain.

We look forward to seeing what the next year has on offer for us.

The virtual awards event celebrates the best service providers to contractors the UK has to offer. The awards event will be held at 4pm on 4th November 2020.

Day Rate & Take Home Pay

Day Rate and Take Home Pay

So you may have been told that your assignment is now inside IR35, or that you are required to use an umbrella company. If this is the case then you need to make sure that you are looking to achieve the right contract rate for your assignment, one that you are comfortable with.

Working via an umbrella company you need to be aware of the deductions that are taken from the monies received by the umbrella before your taxable salary is calculated (ie the value used to calculate your Employee’s NI and PAYE tax).

Detailed below is a snapshot of a range of day rates and the anticipated take home that you should expect if you are working via an umbrella. Please note we have to make certain assumptions when producing these illustrations.

Take Home Pay Breakdown from £100 per day to £1,000 per day

This includes a standard 1250L tax code on a week 1 basis – this means that we will only take into account a single tax free allowance for this period. We never include any allowance for any expenses for tax relief purposes, and there is no pension included (with Clarity Umbrella you will be auto-enrolled into the our pension scheme 3 months after your assignment start date). We do not look to include any student loan calculations either.

If you do require a bespoke calculation, then please feel free to complete our Bespoke Calculation form and we will be more than happy to provide you with an illustration.

Image by Gerd Altmann from Pixabay

IR35 Alternative Models

We are aware of two options that businesses are currently considering but are there really any work arounds? In reality probably not!

We know what HMRC are looking to achieve, so could these options leave contractors and recruiters at risk?

Consultancy Work

Consultancy work is where the business acting as the consultancy will take responsibility for the delivery and quality of the services, this may involve taking on a larger project and sourcing expert contractors to deliver the work.

This will require the consultancy to provide increased insurance coverage and a consultancy model is particularly risky if there are no internal expertise on the type of service they are providing – at which point a project manager my need to be hired.

When used appropriately, this type of contract falls out of scope of the public sector off-payroll working rules.

From April 2020, if you are operating as a consultancy providing an outsourced service to your end-clients, for the purposes of the off-payroll working rules, you will be deemed as the client and therefore responsible for making the status determination statement.

Statement of Work (SOW)

The second option is a Statement of Work (SoW) or outcome-based contract.

If appropriately executed, it is likely to be “outside IR35” compared with the traditional time-based contact on a set hourly or day rate.

It may be possible for the client to have a direct contractual right to sue the contractor for poor services or failure to deliver meaning a recruiters risk is reduced (although clients may often prefer the security of pursuing the recruiter).

Furthermore, it is more likely that an assignment will fall “outside IR35” if the performance of the services carries a genuine business risk, e.g. payment is conditional upon acceptance of services or satisfactory performance, and rectification of defects or poor performance are made at the contractor’s cost.

Although this may seem like an easy option to adapt to the new rules, a recruiter will remain at risk if the reality of the contractual performance does not reflect the contractual wording.

In reality any work around for the new IR35 rules is likely to upset HMRC, and could lead to a crack down later on down the line.

Image by Arek Socha from Pixabay

When the IR35 Rules Apply

Assignments “Inside IR35”

So we are all seeing posts about who is liable to employment payments, whether uplifts need to be provided or whether contract rates are deemed acceptable to provide to the contractor.

Well if the client determines that an assignment is “inside IR35”, you need to understand what options are available in terms of an alternative to an off-payroll model.

The options are:

PAYE payroll (agency workers)
Where a recruitment business contracts directly with the worker and operates tax and NICs under agency rules and provides the workers with worker rights – the off-payroll working rules DO NOT apply.

Pay rate should be quoted as TAXABLE SALARY.

Umbrella Company
Where an umbrella company employs the worker directly, the off-payroll working rules DO NOT apply.

Pay rate should be quoted as CONTRACT RATE.

“Inside IR35” PSC
Should you wish to continue to engage as a contractor via your PSC who is deemed “inside IR35”, your recruiter will need to calculate a “deemed employment payment” using the RTI (Real Time Information) payroll system. The deemed employment pay rate is the income of the worker after deductions, including both employee and employer NICs and the Apprenticeship Levy. Neither worker rights nor stakeholder pension rights apply. No expenses allowance applies. The off-payroll working rules DO apply.

Pay rate should be quoted as TAXABLE SALARY.

Image by Gerd Altmann from Pixabay