Intermediaries Legislation (IR35)

IR35

Changes to Intermediaries Legislation (IR35) and what this means for your school

HMRC have recently announced changes to the Intermediaries Legislation (IR35) and all public-sector employers are responsible for assessing any workers paid through an intermediary to see if IR35 applies.

The IR35 is a set of rules that affect tax and National Insurance contributions if a person is contracted to work for a client through an intermediary. From April 2017, all public-sector employers are responsible for assessing any workers paid through an intermediary to see if IR35 applies. They will then be responsible for the operation of PAYE/NI contributions on any payments made to the intermediary and report through RTI.

HMRC has created an online Employment Status Service tool which should be used by schools to determine whether a worker on a specific engagement should be classed as employed or self-employed.

Although contractors impacted by this measure may have to pay tax like an employee, their employment status will not change, so they will not receive the rights and benefits that go with employment such as pension contributions, holiday pay and unfair dismissal rights.

The legislation puts the burden of responsibility on the entity that pays the contractor. Interest and penalties can be charged on any extra tax and National Insurance contributions that are owed. Penalties can be more severe if it can be proved that IR35 rules or legislation have been deliberately ignored.

For more information and advice on the document please contact the Service Desk on 0345 222 1551 • Option 6 or email hrservicedesk@schoolbusinessservices.co.uk


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