|
|
|
|
IR35 - THE LATEST BACKGROUND IR35 was brought in to stop a PAYE employee leaving his job on Friday and re-appearing on Monday doing the same job but through a personal service company, called the intermediary.If the worker took dividends rather than salary, he could avoid National Insurance, both employee’s and employer’s.The Inland Revenue will seek to apply IR35 to all situations where, in their opinion, the worker would be regarded as an employee of the client if there were not an intermediary in between.As with much of our taxation legislation, it is not straight forward and neither is the consideration, compliance or avoidance of IR35.CURRENT POSITION The Professional Contractors Group (P. C. G.) was set up to challenge IR35 and were given permission to seek a judicial review of the legislation.When this review took place the High Court has laid down new guidance and criticised the Inland Revenue’s original tests, but did not over rule the legislation. At this stage we do not know the exact affect the judgement will have on IR35 but it still exists in law and must be complied with. The Revenue are actively pursuing IR35 evaders, however, three years into the legislation, cases are still being heard at the High Court, which can only cause further confusion to small business. AM I CAUGHT? The first decision to be made is whether or not the IR35 legislation applies to you. We can assist you with your review of your position, so please contact us. You will ignore IR35 at your peril and we urge you to give further urgent consideration to the matter as time is fast running out before a decision needs to be made.We cannot stress strongly enough that the responsibility for this decision is yours and must be continuously reviewed each time a new engagement is entered into.ACTION IF CAUGHT UNDER THE IR35 LEGISLATION Action must be taken immediately and before 5 April in each subsequent year as follows: - a) Avoiding a deemed payment - Establish those engagements which you consider are caught by IR35.- Calculate the relevant income received and allowable expenditure (restricted under IR35) relating to those engagements.
- Ensure that the salary is paid to the worker before 5 April or it cannot be deducted when calculating the deemed payment.b) Calculating and making a deemed payment
- It is only salaries paid during the year ended 5 April that can be taken into account when calculating the deemed payment for the same year.
- If payment is made by way of dividend, a claim must be made by the intermediary to the Inland Revenue.- If payment is made by way of dividend, it must not be included in the worker’s self-assessment.c) Payment of PAYE and NI - The PAYE and NI liabilities are calculated by adding the deemed payment to the worker’s other salary for the year.- The NI is calculated using the annual earnings period whether or not the worker is a director.- The deemed payment is entered onto the P60 and P35 as if it were paid.- Payment of PAYE and NI should be made by 19 April, but if the calculations cannot be completed by this date, a provisional amount must be paid.- If the full payment of PAYE and NI cannot be made by 19 May, the date for submitting the P35, a letter of explanation must accompany the P35, or penalties may be charged.- If a provisional payment is made, the balance must be made by the following 31 January, and interest will be charged from 19 April.OTHER POINTS A) Self-Assessment If a deemed payment is calculated, it will, as stated above, be included in the P60 for the year, the total of which, is entered on the worker’s Self-Assessment.B) Corporation Tax deductibility
|
|
"More Than Just The 'Men In suits' |