IR35 Ask an Expert - Working Practices

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

Question: “My current employer has offered me a contracting role to start in 2 weeks doing the same job as I am currently employed to do, will this fall inside IR35?”

Answer: It's impossible to give a definitive answer based on one piece of information, but the prospects are certainly not good. IR35 was originally bought in to target the 'Friday to Monday' contractor, i.e. employee on a Friday and back as a contractor the Monday. It seems this is a very similar situation.

 

To have any chance of being considered outside IR35, there must be distinct differences between your work as an employee and what you are doing as a contractor. If you're effectively working at the same desk, doing the same thing and, importantly, being treated in the same way it's going to be very difficult. HMRC will pick up on this fact straight away and your prospects of success would be very slim.

By Troy Stevens

By:Troy Stevens

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