- 1Inside vs Outside IR35
- Being 'inside IR35' means you're deemed an employee for tax purposes, with PAYE and National Insurance deducted at source by the fee payer. Your take-home pay reduces by approximately 20-25% compared to outside IR35. Being 'outside IR35' means you're treated as a genuine business, retaining contractor tax benefits including optimal salary-dividend extraction strategies, corporation tax relief on business expenses, and VAT flat rate scheme advantages. The difference in annual take-home on a £60,000 contract is approximately £12,000-£15,000.
- 2The Three Critical Factors
- Substitution: genuine right to send a substitute without client approval strongly indicates outside IR35. Control: if you control how, when, and where work is done, this suggests outside IR35; if the client controls these aspects, it points inside. Mutuality of obligation: no ongoing obligation to provide or accept work supports outside IR35; continuous obligation suggests inside. These three factors carry the most weight in any determination. Secondary factors like financial risk, equipment provision, and integration into the client's business provide supporting evidence but rarely override the primary factors.
- 3Status Determination Statements (SDS)
- Since April 2021, private sector clients with over 50 employees must issue a Status Determination Statement before engagement begins. This written determination states whether the engagement is inside or outside IR35 and explains the reasons. You have the right to dispute the determination through the client's disagreement process. The client must respond within 45 days. If you disagree with the client's determination, gather evidence of your genuine working practices, contract terms, and the reality of your engagement. Professional advice from a specialist accountant strengthens your position in any dispute.
- 4Planning and Protection
- Always assess IR35 status before accepting contracts. Factor the tax impact into your rate negotiations,inside IR35 contracts typically require 25-30% higher day rates to achieve equivalent take-home pay. Review contract terms and working practices regularly; changes in how you work can affect your status. Maintain evidence of your genuinely independent contractor status: separate business premises, multiple clients, professional indemnity insurance, your own equipment, marketing materials, and business development activities. This evidence proves invaluable if your status is ever challenged by HMRC or disputed with a client.