IR35 action list

Posted: March 11, 2020
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The Budget announcement today was the last opportunity for the government to change or delay the IR35 roll out in the private sector on the 6th April 2020. Although not mentioned in the live address, the publication of the full budget revealed the following statement. 
 
“At Budget 2018 the government announced that it would reform the off-payroll working rules in the private and third sectors from April 2020. The government has recently concluded a review of the reform, and is making a number of changes to support its smooth and successful implementation. The government believes it is right to address the fundamental unfairness of the non-compliance with the existing rules, and the reform will therefore be legislated in Finance Bill 2020 and implemented on 6 April 2020, as previously announced.”
 
 
Let’s do this! 
 
According to a poll of the attendees at a recent HRMC webinar on the subject, 50% of businesses have yet to start preparations. Which gives us seventeen working days to review all current contracts and put a formal process in place for the future – piece of cake, right! 
 
Adapted from the HMRC website, here is our action list; 
 
  • Look at your current workforce to identify those individuals who are supplying their services through personal service companies. (we can help you clarify this)
     
  • Determine if the off-payroll rules apply for any contracts that will extend beyond April 2020. You can use HMRC’s Check Employment Status for Tax service to do this.
     
  • Start talking to your current contractors about whether the off-payroll rules apply to their role. Agreeing any amendments to the current contracts, packages and payment arrangements. 
     
  • Create an SDS - Status Determination Statement for each current worker, taking ‘reasonable care’ when coming to the conclusion. Share with both the worker and the next entity in the supply chain (us)  Here is our suggested template - you will need to supply your own version of this document. 
     
  • Formalise the challenge process which allows contractors to challenge determinations. A 45-day period, which before this period lapses, an End-Hirer must inform the worker or Fee Payer if the decision cannot be overturned or, if it can, provide to the worker or Fee Payer a new SDS with a new determination and supporting information.
     
  • Put processes in place to determine if the off-payroll rules apply to future engagements. These might include who in your organisation should make a determination and how payments will be made to contractors within the off-payroll rules.
 
Over to you.
 
The clock is ticking, the time to act is now. Please don't forget that our payroll service is available to you, should you need to outsource. 
 
You consultant will be in touch with you over the next few days to clarify the process with you. In the meantime if you have any questions, please don’t hesitate to contact us. 
 
Here are a few links you may find useful. 
 

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