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Autumn statement 2023: IR35 off-set rule

04 December 2023 / Dave Chaplin
Issue: 4916 / Categories: Comment & Analysis , HMRC investigations , IR35 , off payroll , Investigations
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Correcting the balance

The longstanding IR35 rules also known as the intermediaries legislation (ITEPA 2003 Ch 8) were introduced in April 2000 to ensure that individuals working like employees pay similar taxes even if they work through an intermediary such as their own limited company often referred to as a personal service company (PSC).

Reforms to the legislation came in 2017 for the public sector and in 2021 for the private sector through the off-payroll working legislation (ITEPA 2003 Ch 10). The more recent legislation applies to medium and large companies. It shifts responsibility from the worker’s intermediary to the engaging client in determining the correct tax status and paying the correct taxes.

The onus for determination moved from the worker to the client along with the taxes but the tax liability calculations between the two pieces of legislation differ.

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