5 minute read

Working Multiple Contracts

Working Multiple Contracts
Share

Contracting offers professionals the flexibility to work on their terms, pursue diverse projects, and maximise their earning potential. However, navigating the complexities of managing multiple contracts, especially when balancing roles both inside and Outside IR35, can be challenging. Each type of contract comes with its own set of rules, tax implications, and compliance requirements, demanding careful planning and execution.

IR35 legislation, introduced to differentiate between genuine contractors and “disguised employees,” has added layers of complexity to the contractor landscape. For those working Inside IR35, employment-like tax and National Insurance obligations can significantly affect take-home pay. Conversely, Outside IR35 contracts offer greater flexibility and tax efficiency, often involving the use of a limited company. Juggling contracts across these classifications requires not only a clear understanding of the rules but also strategies to optimise your income.

Whether you’re new to contracting or a seasoned professional, this article will provide you with the insights and practical tips needed to manage multiple contracts effectively while minimising tax liabilities.

Can You Legally Work Two Contracts at Once in the UK?

Yes, UK law permits individuals to undertake multiple concurrent contracts, provided there are no contractual breaches regarding working hours, exclusivity, or intellectual property rights. The legal and tax treatment depends entirely on your contracting structure:

Engagement Mix Legal Status Tax & Payroll Impact Key Compliance Considerations
Multiple Outside IR35 (via PSC) Fully Permitted & Commercial Standard All invoices paid gross into single PSC account. One CT600 return; standard director salary & dividend distribution. Powerful evidence of being "in business on own account" (ESM0514). Deliverable-based Statement of Work (SOW) required.
One Inside IR35 + One Outside IR35 Legally Permitted Inside role taxed via umbrella PAYE. Outside role invoiced via PSC. Personal tax bands combine on Self Assessment. Must not work on Outside IR35 client deliverables during umbrella-billed working hours. Strict separation of IT hardware.
Multiple Inside IR35 (via Umbrella) Permitted but Operationally Restrictive Primary role uses 1257L tax code; secondary role uses BR/0T flat rates. Dual Employer NICs and Apprenticeship Levies applied. Requires Working Time Regulations 48-hour opt-out. High risk of breach if contracts mandate exclusive full-time availability.
Working Time Regulations 1998 (48-Hour Weekly Limit): Under UK statutory employment legislation, individuals cannot be required to work more than an average of 48 hours per week across all employments. When running concurrent Inside IR35 roles through umbrella companies (where you are an employee), you must sign an explicit 48-hour opt-out agreement with your employer(s) to legally exceed this threshold. Outside IR35 contractors operate as business-to-business suppliers and are exempt from the Working Time Regulations.

Running Multiple Contracts Outside IR35: IR35 Defense and Proof of Business

Operating concurrent Outside IR35 contracts provides one of the strongest defenses against HMRC status challenges by proving your PSC operates as an independent commercial enterprise:

1. Hall v Lorimer Status Principle:
• In the landmark tax precedent Hall v Lorimer (1992), the Court of Appeal established that engaging with multiple simultaneous clients without financial dependency on a single payer is definitive evidence of being "in business on one's own account" (HMRC ESM0514).
2. Disproving Mutuality of Obligation (MOO):
• An employee is bound to perform continuous work on demand. A contractor servicing multiple clients delivers defined project outcomes under discrete Statements of Work (SOW), demonstrating the total absence of ongoing mutual employment obligation.
3. Complete Absence of Direct Control:
• When juggling two or more deliverables, a client cannot dictate strict working hours or demand physical presence from 09:00 to 17:00, dismantling HMRC's test of direct supervision, direction, and control (SDC).

Working Multiple Inside IR35 Contracts: Tax Codes and Exclusivity Clauses

When operating two Inside IR35 assignments simultaneously, contractors must actively manage HMRC PAYE tax code allocation and scrutinise employment contract clauses:

Tax Code HMRC Application Payroll & Take-Home Implication
1257L (Cumulative) Primary Employment only Allocates the full £12,570 tax-free Personal Allowance and the 20% Basic Rate band (up to £50,270) to your main umbrella.
BR (Basic Rate) Secondary Employment Deducts flat 20% on all earnings with £0 personal allowance. Danger: If combined income exceeds £50,270, you will underpay tax by 20% (Higher Rate shortfall).
0T / D0 (Higher Rate) Secondary Employment D0 deducts flat 40% on all earnings. 0T splits bands without allowance. Recommended if primary role already utilizes the full basic rate threshold.
Exclusivity Clauses & Breach of Contract:
Many standard umbrella employment contracts and client Master Services Agreements (MSAs) contain clauses requiring "exclusive, full-time commitment during core business hours" (09:00–17:30). Undertaking concurrent roles with overlapping hours without written consent constitutes a breach of contract and potential gross misconduct.
Intellectual Property (IP) Ownership Risks:
If working on similar software architectures or commercial sectors, contractors must strictly ensure proprietary code, repos, and confidential data never intermingle. Developing work for Client B on Client A's provisioned laptop can legally forfeit IP ownership to Client A under UK copyright law.

Understanding IR35

The IR35 legislation determines whether a contractor is operating as a genuine independent business or as a “disguised employee” for tax purposes. A contract falling Inside IR35 means that HMRC considers you akin to an employee, and taxes you accordingly. This includes Income Tax and National Insurance Contributions (NICs), which are paid via PAYE (usually by an umbrella company). Conversely, a contract Outside IR35 classifies you as self-employed, allowing you to operate through your limited company and benefit from tax efficiencies such as drawing dividends in addition to a salary.

The distinction between these classifications is significant, as it affects not only your take-home income but also your responsibilities regarding compliance and tax reporting. If you are working on multiple contracts, one of which is Inside IR35 and others outside, the complexity increases. It’s essential to handle these differences carefully to avoid penalties and ensure smooth operations.

Workload Management

Juggling multiple contracts requires exceptional organisational skills. It’s easy to underestimate the time needed to deliver quality work across several projects, which can lead to missed deadlines or burnout. Start by carefully evaluating the workload for each contract and creating a realistic plan for how to allocate your time. While it might be tempting to prioritise high-paying contracts, neglecting smaller projects can damage client relationships and harm your reputation.

Investing in effective scheduling tools can make a significant difference. Tools like Trello or Asana can help you keep track of deadlines, meetings, and key milestones. Ensure that you build some flexibility into your schedule to accommodate unexpected delays or last-minute requests from clients. Overcommitting is one of the biggest risks when managing multiple contracts, so set clear boundaries and be honest with clients about what you can deliver.

Conflicts of Interest

When working on multiple contracts, especially for clients in the same industry, conflicts of interest can arise. Some contracts include exclusivity clauses that may restrict you from working for competitors. It’s crucial to read your contracts thoroughly and negotiate terms if needed. Transparency is key; if you’re working for multiple clients in overlapping sectors, ensure that your activities for one client do not compromise the confidentiality or interests of another.

Tax Implications

When working Inside IR35 through an umbrella company, your income is treated as employment income, and taxes are deducted at source. This includes Income Tax at your marginal rate, as well as employee and employer NICs. Employer NICs are typically deducted from your overall pay as part of the umbrella company’s fees, further reducing your net income.

The take-home pay from an umbrella company is your post-tax income, effectively removing the ability to claim business expenses. Umbrella companies also charge service fees, which may slightly impact your overall earnings. Compared to working Outside IR35, there is little room for tax planning in this arrangement since compliance and tax calculations are handled directly by the umbrella company.

For contracts Outside IR35, operating through a limited company allows you greater control over your income and tax planning. A common approach is to take a modest salary, typically at the lower earnings limit for NICs (£12,570 for 2024/25), to remain eligible for state benefits without incurring excessive tax or NIC liabilities. The remainder of your income can be drawn as dividends, which are taxed at lower rates compared to salary. Dividends are paid from profits after Corporation Tax (currently 19%), with tax rates on dividends ranging from 8.75% to 39.35%, depending on your total income.

If you don’t need the income immediately, retaining profits within your company can defer personal taxation. This strategy can be particularly effective if you anticipate lower earnings in a future tax year. Retained profits can also be reinvested in the business or used as a financial buffer. Operating Outside IR35 also allows you to claim business expenses such as office costs, equipment, training, and travel. These deductions reduce your taxable profits, thereby lowering Corporation Tax.

Structuring Your Income

When you’re working Inside IR35 and Outside IR35 at the same time, structuring your income effectively is crucial to optimising your financial position. Here’s how to approach it:

1

Separate your income streams

Keep the two income streams distinct. Inside IR35 income is managed through PAYE by your umbrella company, while Outside IR35 income is processed through your limited company. This separation simplifies compliance and ensures accurate tax reporting for each source.

2

Determine your financial needs

If your PAYE income (Inside IR35) covers your living expenses, you might consider leaving a significant portion of the Outside IR35 income in your limited company. This allows you to avoid paying additional personal Income Tax on dividends unnecessarily. It also allows you to build a financial reserve in your company for future business needs or investment
opportunities.

3

Maximise allowances and thresholds

Use your Personal Allowance wisely. If your Inside IR35 PAYE income already exceeds this threshold, avoid drawing a salary from your limited company. Instead, rely on dividends alone for additional income and utilise your Dividend Allowance. Draw dividends from your limited company up to this amount tax-free before incurring Dividend Tax.

4

Defer dividend payments

Retain profits in your limited company if your Inside IR35 income places you in a higher tax band. By deferring dividend payments to a future tax year when your PAYE income is lower, you can benefit from a lower marginal tax rate on dividends.

Pension Contributions

Redirecting income into a pension scheme is the most efficient way of reducing your tax liability, whether this be from an Inside IR35 or Outside IR35 contract. As you can contribute to a SIPP both via an umbrella company as well as via your limited company, the question arises as to which offers the greater benefit.

If your income from the Inside IR35 contract falls into the higher-rate tax band, contributing to your SIPP via the umbrella company is likely the best option. This provides immediate tax relief at 40% or 45%, which is higher than the savings you’d achieve on dividends.

Contributing via your limited company can be a good option if you want to reduce your company’s tax liability and are not currently paying higher-rate Income Tax personally. However, it may not provide as much immediate tax relief as contributions from an umbrella company if your PAYE income places you in the higher tax bracket.

Conclusion

When managing multiple contracts, the key to optimising your income lies in strategic planning. PAYE income from Inside IR35 is fixed and fully taxed, leaving limited scope for adjustments. On the other hand, income from Outside IR35 contracts offers flexibility through salary, dividends, and allowable expenses.

By keeping your PAYE and limited company income streams separate, retaining profits in your limited company where feasible, and leveraging tax-efficient strategies like pension contributions and dividend timing, you can balance multiple roles effectively. Always consult with a specialist accountant to ensure your income structure aligns with your financial goals and complies with tax regulations.

Working Multiple Contracts
Scroll to Top