IR35 Ask an Expert - IR35 Investigations

IR35 specialist Seb Maley answers your questions regarding the contracting profession and the potential pitfalls of the IR35 legislation.

Question: "I am a contractor and I believe I work compliantly, do IR35 investigations not apply to me? And am I ‘safe’ from HMRC?"

Answer: "HMRC can mount an enquiry into any contractor, regardless of how compliant you believe you are. If you are trading as ‘outside’ IR35 and taking dividends, there’s nothing you can do to prevent an IR35 enquiry. Obviously if you are genuinely in a strong position and have taken steps to ensure you are compliant you will stand a good chance of winning your case, but IR35 investigations are rarely simple affairs.

HMRC will not only question you and look at your written contract, but will also seek evidence from your end client. They will be interested in the reality of the relationship, so you need to be confident that your client views and treats you like an independent contractor."

By:Troy Stevens

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