Do I need a director’s fee in my company if my company is dormant whilst I work through an umbrella company? No - as you can potentially utilise your personal allowance to offset against income taxed at source by the umbrella company paying you.
Do I need a director’s fee in my company if I am captured by IR35? No - as you can potentially utilise your personal allowance to offset against income taxed at source when paid by your agency into your company.
Does IR35 apply if I am working overseas or my client is overseas? If your client is based overseas with no presence in the UK, then the IR35 rules don’t apply. If they are based overseas but do have a connection to the UK, then they have to assess your IR35 status.
Does IR35 apply to an Umbrella Company? No. IR35 legislation applies to individuals who provide their services via a limited company.
What Does Control Mean When Assessing IR35? In assessing a contractor’s IR35 status, end hirers are required to look at the degree of ‘control’ they have over what, how, when and where the work is done.
How Important is Substitution When Determining IR35 Status? Substitution is a very important component when determining your IR35 status. Proving that someone else could provide the same work on your behalf (and you have the right to provide a substitute in your contract) can have a huge impact on your ability to continue working and being paid through your limited company.
What is an IR35 Status and How is it Assessed? A contractor’s IR35 status effectively determines their tax position with HMRC. It is assessed by the hirer completing an SDS on the contractor’s behalf.
Who does IR35 Apply to? IR35 legislation applies to anyone who supplies their personal services to end hirers via their own limited company, sometimes known as a ‘PSC’ (Personal Service Company).
What Triggers an IR35 Investigation? IR35 investigations have historically been triggered directly by HMRC campaigns into specific sectors.
Can I Avoid IR35? From April 2021, if you are providing services through a Limited Company, you can’t avoid your end hirer assessing your IR35 status and providing you with a status determination statement.