Discuss IR35 Tax Rules- Info for Sub Contractors in the Business Related area at ElectriciansForums.net

S

skirby

Here's some info about the IR35 tax legislation rules which can affect self employed subbies and whether they are deemed to be inside or outside of the ruling:

In recent years the electrical industry has seen an increase in freelance workers or 'subbies'. It's an easier way for the companies to hire labour when needed without having to fully employ workers under PAYE.

Some workers even left their PAYE employment and went self employed or started a company and were then taken back on as a sub-contractor by the same company.

This was an easy way for them to reduce the tax they paid and was also less expensive for their employer who didn't need to pay employer's contributions, sick pay and holiday pay.

The IR35 rule is there to assess the way that your tax is calculated should your skills be seen to be provided in the same way as if you were employed on PAYE by the company. This could be applicable to labour only sub-contractors who work mainly for one company.

You generally need to be outside of the IR35 tax rules if you're self-employed or have your own company. If you're inside the IR35 ruling then you could be deemed to be breaking the inland revenue tax rules and both employer and subby could be liable for prosecution. More info here> What Is the IR35 Tax Rule? | Electrician's Blog

One way for Labour Only subbies to be used by a company on a regular basis and still to comply is where they are paid by a third party such as an agency, as long as all the CIS requirements are met.
 
Thanks Paul M. Although this is pretty boring stuff I think that it's important for sub contractors and employers to understand the implications of breaking the tax rules. Many new sparkies probably won't even be aware of IR35 and if they are complying or not.

I'm not an expert but I do know that accountants are always advising of the dangers of working 'Labour Only' for long periods. Both the employer and subbie are easy targets for the tax investigators and saying that "lots of people are doing it" or "I've been doing it for years and nothing's happened" is no defence.

I thought that there might be a few more comments and we would get some words of wisdom on the subject.
Another option to comply with IR35 when subbying could be to supply some materials so you're not Labour Only.
Nowdays I normally pay subbies via a payroll service provider and they charge me about £15 per payment. I look at it as an insurance and peace of mind.
 

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