Worker, Intermediary, Client, Composite Company, Agency & Scheme Promoter
Worker(s)
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you are the director and owner of a Personal Service Company
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you decide if your contract is within the scope of IR35 or not
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you are the person providing the services
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you are responsible for the terms you have agreed to
Intermediary that is not a Managed Service Company
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if a contract is within the scope of IR35
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the intermediary is responsible
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an IR35 deemed payment must be calculated
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the intermediary must operate PAYE and pay Class 1 NIC on all earnings
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this applies to all relevant contracts i.e. within the scope of IR35
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contracts outside the scope of IR35 can be excluded
Client
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for contracts within the scope of IR35
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no obligation on Client to account for WorkerÂ’s tax or NI contributions
Composite Companies
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workers are also non director shareholders
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required to operate PAYE if salaries are paid
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if salaries are not paid therefore no PAYE
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composite company must consider definition of Managed Service Company
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if applicable, an MSC deemed payment must be calculated
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if not applicable, consider contract's scope under IR35
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if applicable, an IR35 deemed payment must be calculated
Agencies
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recruitment agency in the chain between Worker and Client
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Worker may have Personal Service Company
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IR35 puts the responsibility for tax & NI on Intermediary
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unlikely Agency meets conditions relating to an intermediary
Scheme promoters
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consider if they are an MSC
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if applicable, calculate MSC deemed payment
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if not applicable, advise relevant Workers of IR35 liability
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