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Draft legislation on off-payroll working rules

30 July 2019 / Susan Ball , Lee Knight
Issue: 4706 / Categories: Comment & Analysis
Clock is ticking

Key points

  • New off-payroll working rules apply in medium and large-sized private sector companies.
  • Small companies are excluded as long as they satisfy specified conditions.
  • HMRC plans to enhance the check employment status for tax tool.
  • Obligation is on the end-user to communicate its status determination.
  • Measures to transfer liability if there is non-compliance in the labour supply chain.

The IR35 rules have been in place since 2000 but according to the government non-compliance has been widespread. HMRC estimates that only 10% of those who should be applying the rules do so and this will cost the exchequer £1.3bn a year by 2023-24.

It was therefore no surprise that the draft Finance Bill 2020 clauses contained legislation extending the public sector off-payroll working rules to the private sector and amending the public sector rules with effect from 6 April 2020. These changes were largely in line with expectations. The final legislation is...

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