Concerned about IR35? Contact Nasa for help, advice and
assistance...
IR35 is an extremely complex and tricky piece of legislation to
try and get your head around. In fact in some situations,
IR35 can come down to opinion which is why it can be very tricky if
you should be unlucky enough to be picked for an IR35
enquiry. All freelancers and contractors need to consider
IR35 and take precautions against it. However, although IR35
is extremely daunting, especially if you are new to contracting,
don't let this scare you into believing that you are automatically
caught by the legislation as this certainly may not be the
case. You may wish to avoid IR35 altogether and opt to use an
umbrella or PAYE company in order to carry out your services.
This would be a perfectly comprehensible option and here at Nasa
Consulting, we can advise you of the best route that suits you and
your personal situation. We offer accounting solutions should
you wish to go down the limited company route or we have our own
umbrella system, Nasa Umbrella for those clients who want the
hassle and burden of running a business, including IR35, completely
removed.
IR35 is, as commented on previously, a very complex piece of
legislation. In order to review an individual's IR35 status,
we would need to look at the three key assessment criteria laid
down my HMRC. These are: Substitution, Control (over
the provision of the services) and Mutuality of Obligation.
If you can satisfy each of these, you should be 'outside' IR35 and
classing yourself as self-employed for taxation purposes.
However this assessment criterion is by no means conclusive.
HMRC take a lot of other factors into account when carrying out an
IR35 investigation, such as integration into a client's business,
providing your own equipment, receiving staff related benefits and
so on.
Should you require further advice or guidance regarding IR35 or
any of the points made above, please do not hesitate to contact us
on 0117 904 7755 or at info@nasaconsulting.com.