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Readers' forum : IR35 insurance

12 July 2016
Issue: 4558 / Categories: Forum & Feedback

If IR35 rules are not correctly applied is the main contractor liable?

We act on behalf of a client that wants to employ contractors. However the worry is that if the contractors are caught by IR35 the client will be liable for the employer’s Class 1 National Insurance liability.

I have not dealt with clients that I would consider are using personal service companies nor clients that – as far as I am aware – are making payments to such companies. As a result I am probably not up to speed on the relevant rules in such cases. I should be very grateful if readers could give me a brief rundown on who is liable for the employer’s National Insurance liability if the contractor is caught by IR35? Is it the contractor who is a limited company or the client employing the contractor?

I look forward to readers’ replies.

Query 18 811– Contractor.

 

Reply by DaveSmith

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