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IR35 Solutions Centre

IR35 Private Sector Tax Legislation is Changing

Continue to safely hire off-payroll resource with Talent SAFE

Evolution and RTRS can make the process easy for you to continue to safely hire off-payroll resource. 

We offer a safe, insured solution for outside IR35 and a safe compliant solution for direct PAYE and umbrella, depending on the working practices and your needs.

We will help you determine the status of the role, and Zurich insurance will cover all those determined to be outside.

Off-payroll working outside IR35

We ensure all determinations are fully insured for HMRC investigation, tax, PAYE, VAT and NIC. Talent SAFE will keep you safe now and in the future.

Off-payroll deemed employed or inside IR35

By hiring a temp with Talent SAFE or via a FCSA accredited umbrella company, you know you are safe from any tax issues now and in the future.

In order to understand your business and help you prepare for IR35, we will review your working practices and ratify them online via a nine-question audit – providing you with an instant determination outcome, covered by Zurich Insurance.

If you want proper IR35 assessments, backed by insurance, get in touch with our team today.

Key Contact

For more information about IR35 or to discuss how Evolution or RTRS can help you, please contact:

Jeni Howard
Head of Compliance
jeni.howard@evolutionjobs.co.uk

IR35 FAQs

Is there any other tool apart from CEST that we can use?

Yes – there are a number of tools on the market that are associated with a full IR35 review. These vary in quality and the approach. Once we have completed a RAG audit for clients, we will discuss the options and select a tool that best suits clients’ individual needs as part of the full IR35 review. CEST is the only Government-backed tool, and is the only free tool available.

Is there IR35 insurance?

Yes. Generally, insurance is only available for the fee payer, though this can be extended to the hirer. It should be noted, though, that insurance providers will set out requirements for the compliance process that should be followed, and any failure to adhere to this will render insurance invalid.

What’s The REC’s take on this?

The REC is a confederation – a voluntary group of agencies join who set out a code of conduct. The Employment Agencies Inspectorate is responsible for enforcing the rules for recruitment agencies, but there are no standards for agencies with regard to IR35. The agency is responsible for implementing the client decision in terms of the status, but each agency will determine the right approach for them and their clients.

Working practices and arrangements – can you explain what they refer to? Can you give some examples?

Working practices and arrangements generally refer to things that happen in practice rather than in theory. So, for example, your contract may say the contractor determines the way in which work is delivered. But, if you set out a work schedule with control over what, when and how work is delivered, then the working arrangements or practices would ‘trump’ the contract.

What does it mean by ‘having appropriate experience’? What experience?

This means appropriate experience in terms of determining IR35 status. That could be experience of making assessments, a comprehensive understanding of the law, etc. It’s essentially the Government’s way of saying you must be competent to determine the IR35 status – which will be quite a high bar for most businesses.

How does it impact those who are a limited company and are taken on through an agency or umbrella company?

If an engagement is found to be inside IR35 and the individual works via a PAYE solution, the impact is approximately 15 – 20% increase in costs.

Are there any special considerations for clients that use an RPO or MSP provider?

Clients should give consideration to how they might fulfil obligations around communicating status decisions and having an appeal process. Clients will be responsible for ensuring the decision reaches the worker.

What do you think a robust appeal process might look like?

I would suggest something that is transparent, efficient and has a degree of independence, i.e. don’t rinse and repeat the same information through the same online test. We can support clients in implementing an appeal process as part of our review.


Key Contact

For more information about IR35 or to discuss how Evolution or RTRS can help you, please contact:

Jeni Howard
Head of Compliance
jeni.howard@evolutionjobs.co.uk


Latest IR35 News

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