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07.03.2024

Understanding IR35 and whether you fall inside or outside can be a challenge. Much information surrounds the legislation, its technicalities and how it could impact you as a contractor. Our comprehensive guide covers all you need to know. We’ll answer all of the frequently asked questions, such as “What is IR35?” and “How does IR35 work?” as well as look at the difference between inside IR35 and outside IR35 and how status is determined.
IR35’s nuances mean contractors can’t be expected to know the law inside out. Please only use this article as a guide. If in doubt, refer to HMRC’s website or seek professional advice.
Understanding IR35 and whether you fall inside or outside can be a challenge. Much information surrounds the legislation, its technicalities and how it could impact you as a contractor. Our comprehensive guide covers all you need to know.

What is IR35?

Permanent employees and contractors are treated differently under UK law. If a contractor provides services through their own limited, they may take some of their pay in dividends instead of taxable salary. They can also offset several business expenses against Corporation Tax and pay less in National Insurance Contributions. This lower tax burden reflects the more significant financial risk of being self-employed.

Permanent employees and contractors are treated differently under UK law. If a contractor provides services through their own limited, they may take some of their pay in dividends instead of taxable salary. They can also offset several business expenses against Corporation Tax and pay less in National Insurance Contributions. This lower tax burden reflects the more significant financial risk of being self-employed.

Permanent employees and contractors are treated differently under UK law. If a contractor provides services through their own limited, they may take some of their pay in dividends instead of taxable salary. They can also offset several business expenses against Corporation Tax and pay less in National Insurance Contributions. This lower tax burden reflects the more significant financial risk of being self-employed.

job interview


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Point of Note

It’s worth noting that, although there are technically many options available to Inside IR35 contractors, recruitment agencies and end clients frequently specify that they will only accept contractors working through an umbrella company.

  1. Supervision, Direction and Control
    Does the contractor maintain autonomy over what work must be done, when it has to be done, and where it has to be done? If not, this points to an employee-employer relationship.
    Once the client pays the invoice, the umbrella company deducts Income Tax, National Insurance, and employer costs (employer’s National Insurance, apprenticeship levy, and umbrella margin). The net amount is then paid directly into the contractor’s personal bank account.
  2. Substitution
    Does the contractor have the right to provide a qualified replacement in their place should they be absent for any reason? If not, this is an indicator that the contract is Inside IR35
  3. Mutuality of Obligations
    Mutuality of obligations exists when an employer has a legal duty to provide work, and the employee has a legal duty to perform said work. It is a vital part of a traditional employee/employer relationship.

  • Introduced by HMRC in 2000, IR35 tackles ‘disguised employment’ where contractors benefit from tax efficiency while working like employees.
  • IR35 determines whether a contractor’s arrangement reflects employment (‘Inside IR35’) or self-employment (‘Outside IR35’).
  • Supervision, substitution rights, and mutual obligations are critical in deciding if a contract is caught by the IR35 rules.
  • IR35 applies to individual contracts via a Status Determination Statement (SDS), usually prepared by the end client.
  • UK-resident contractors must consider IR35 regardless of client location.
  • Misclassification as ‘Outside IR35’ can lead to additional tax payments, penalties, and interest.

Test Blog post Title

Permanent employees and contractors are treated differently under UK law. If a contractor provides services through their own limited, they may take some of their pay in dividends instead of taxable salary. They can also offset several business expenses against Corporation Tax and pay less in National Insurance Contributions. This lower tax burden reflects the more significant financial risk of being self-employed.

Permanent employees and contractors are treated differently under UK law. If a contractor provides services through their own limited, they may take some of their pay in dividends instead of taxable salary. They can also offset several business expenses against Corporation Tax and pay less in National Insurance Contributions. This lower tax burden reflects the more significant financial risk of being self-employed.

Permanent employees and contractors are treated differently under UK law. If a contractor provides services through their own limited, they may take some of their pay in dividends instead of taxable salary. They can also offset several business expenses against Corporation Tax and pay less in National Insurance Contributions. This lower tax burden reflects the more significant financial risk of being self-employed.


Lorem ipsum dolor sit amet consectetur.
What is IR35?

Permanent employees and contractors are treated differently under UK law. If a contractor provides services through their own limited, they may take some of their pay in dividends instead of taxable salary. They can also offset several business expenses against Corporation Tax and pay less in National Insurance Contributions. This lower tax burden reflects the more significant financial risk of being self-employed.

Permanent employees and contractors are treated differently under UK law. If a contractor provides services through their own limited, they may take some of their pay in dividends instead of taxable salary. They can also offset several business expenses against Corporation Tax and pay less in National Insurance Contributions. This lower tax burden reflects the more significant financial risk of being self-employed.

Permanent employees and contractors are treated differently under UK law. If a contractor provides services through their own limited, they may take some of their pay in dividends instead of taxable salary. They can also offset several business expenses against Corporation Tax and pay less in National Insurance Contributions. This lower tax burden reflects the more significant financial risk of being self-employed.

job interview


Lorem ipsum dolor sit amet consectetur.

Point of Note

It’s worth noting that, although there are technically many options available to Inside IR35 contractors, recruitment agencies and end clients frequently specify that they will only accept contractors working through an umbrella company.

  1. Supervision, Direction and Control
    Does the contractor maintain autonomy over what work must be done, when it has to be done, and where it has to be done? If not, this points to an employee-employer relationship.
    Once the client pays the invoice, the umbrella company deducts Income Tax, National Insurance, and employer costs (employer’s National Insurance, apprenticeship levy, and umbrella margin). The net amount is then paid directly into the contractor’s personal bank account.
  2. Substitution
    Does the contractor have the right to provide a qualified replacement in their place should they be absent for any reason? If not, this is an indicator that the contract is Inside IR35
  3. Mutuality of Obligations
    Mutuality of obligations exists when an employer has a legal duty to provide work, and the employee has a legal duty to perform said work. It is a vital part of a traditional employee/employer relationship.

  • Introduced by HMRC in 2000, IR35 tackles ‘disguised employment’ where contractors benefit from tax efficiency while working like employees.
  • IR35 determines whether a contractor’s arrangement reflects employment (‘Inside IR35’) or self-employment (‘Outside IR35’).
  • Supervision, substitution rights, and mutual obligations are critical in deciding if a contract is caught by the IR35 rules.
  • IR35 applies to individual contracts via a Status Determination Statement (SDS), usually prepared by the end client.
  • UK-resident contractors must consider IR35 regardless of client location.
  • Misclassification as ‘Outside IR35’ can lead to additional tax payments, penalties, and interest.
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