Specialist UK tax advice for Manchester individuals, landlords, directors and businesses
Off-payroll working

IR35 Tax Advice for Contractors, Clients and Personal Service Companies

IR35 asks whether an individual providing services through an intermediary would have been an employee for tax purposes if they had contracted directly. The answer comes from the contractual terms and real working practices rather than one clause in an agreement.

A contract review without understanding how the engagement actually operates is incomplete. Substitution, control, financial risk and the wider relationship all need context.

IR35 contract review

off payroll working advice

status determination statement

personal service company IR35

IR35 enquiry

Tell us about the engagement

Contractor, client and intermediary enquiries are welcome.

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Direct answer

What Does IR35 Tax Advice Need to Review?

The contract, actual working arrangements and responsibility for making the status decision must all be identified.

IR35 Tax Advice Must Review the Real Engagement, Not Just the Contract Heading

A well-drafted agreement cannot override working practices that point towards employment. Conversely, employment-like wording needs to be considered in the context of the whole relationship.

ControlWho decides what, how, where and when work is done?
Personal serviceSubstitution rights need to be genuine and commercially meaningful.
Financial riskCommercial exposure can form part of the overall status picture.
Client sizeWho is responsible for the IR35 decision can depend on the client.
Service scope

IR35 Work We Can Scope

The service can be used by a contractor, personal service company or engager.

01 / CONTRACT

Contract review

Written terms assessed against employment-status indicators.

02 / PRACTICE

Working practices

How the engagement operates in reality.

03 / SIZE

Client-size analysis

Identification of which party has statutory responsibility.

04 / SDS

Status determinations

Review of client Status Determination Statements and reasoning.

05 / DISPUTE

Disagreement process

Technical support where contractor and client disagree.

06 / HISTORY

Historic exposure

Previous engagements and potential tax exposure reviewed where required.

How the engagement works

From Contract to Employment-Status Analysis

01 / RESPONSIBILITY

Identify responsibility

Client size and contractual chain are established.

02 / DOCUMENTS

Review documents

Contracts and relevant status decisions are examined.

03 / PRACTICE

Test working practices

Actual control, substitution and commercial features are reviewed.

04 / CONCLUSION

Document the conclusion

The tax-status reasoning and practical implications are set out.

Who decides?

IR35 Tax Advice and Responsibility for the Status Decision

The off-payroll legislation shifts responsibility in many public-sector and medium or large private-sector engagements, while small private-sector clients are treated differently.

Public sectorThe client generally determines status under the off-payroll rules.
Medium or large private clientThe client generally carries the status-determination responsibility.
Small private clientThe worker's intermediary generally retains responsibility for deciding whether IR35 applies.
Reasonable careA client making a status determination must take reasonable care and communicate the required determination.

Employment status is fact-sensitive. A standard contract template or single status indicator should not be treated as decisive without considering the engagement as a whole.

Rules for clients

Client responsibilities and status-determination requirements.

Client guidance ↗
Frequently asked

IR35 Questions

Does working through a limited company automatically mean IR35 applies?

No. The rules apply where the hypothetical direct relationship would amount to employment for tax purposes.

Who decides IR35?

That depends on the client. Public bodies and medium or large private clients generally make the determination, while a PSC retains responsibility for small private clients.

Is the written contract enough?

No. Actual working practices also matter.

Does CEST guarantee HMRC agreement?

HMRC states it will stand by CEST results where the information supplied is accurate and the tool is used in accordance with its guidance, but the underlying facts remain important.

Can a contractor challenge an SDS?

There is a client-led disagreement process under the off-payroll rules.

Does IR35 give employment rights?

Tax status and employment-law rights are related concepts but are not identical tests.