IR35 & Off-Payroll Working
Clear advice on IR35 status and how off-payroll rules affect you.
Our employment lawyers advise contractors and individuals on IR35 and off-payroll working rules, helping you understand your status, your rights and how the rules affect your income.
Understanding Your IR35 Status
If you are working through an intermediary, it is important to understand whether your engagement is likely to fall inside or outside IR35.
We advise on how status is assessed in practice, including the key factors that determine whether you are treated as employed for tax purposes. This helps you understand your position and the potential impact on your income.
Challenging Status Determinations
If you have received a Status Determination Statement (SDS) that you disagree with, there may scope to challenge it.
We advise on reviewing SDS decisions, identifying weaknesses in the reasoning and can support you through any disagreement process with an end client.
Reviewing Contractor Arrangements
IR35 status depends not only on written terms but also on how the relationship operates in practice.
We review contracts and working arrangements to identify whether they support your intended status and highlight any areas of risk.
This can help you better understand your position and, where possible, strengthen it going forward.
Disputes & Practical Advice
IR35 issues can arise at different stages of an engagement, including when roles change or come to an end.
We provide practical advice on managing disputes and navigating discussions with end clients or agencies.
Training & Practical Support
IR35 compliance often depends on the decisions made by HR, procurement and hiring managers at the point of engagement.
We provide practical training and tailored support to help internal teams understand the off-payroll rules, identify risk factors and follow the right processes when engaging contractors.
This helps businesses apply a more consistent approach and reduce the risk of issues arising from informal or inconsistent decision-making.
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IR35 Compliance in Practice
Since the introduction of Off-Payroll Rules, we’ve been reviewing what businesses have been doing in practice to ensure their compliance.
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Frequently Asked Questions
Find answers to your most pressing questions about our services and processes.
What is IR35?
IR35 is a tax regime designed to prevent individuals from avoiding employment taxes by providing services through an intermediary, commonly a personal service company, where the underlying relationship is more akin to employment.
What are the off-payroll working rules?
The off-payroll working rules require medium and large businesses to assess the status of contractors and determine whether IR35 applies. If it does, the business may be responsible for deducting tax and National Insurance.
Who is responsible for determining status?
In most cases, the end user (the business receiving the services) is responsible for making the status determination and issuing a Status Determination Statement.
What are the risks of getting IR35 wrong?
Risks include liability for unpaid tax and National Insurance, penalties from HMRC and potential disputes with contractors.