The new rules mean that changes to IR35 legislation, which were introduced in the public sector in April 2017, will be extended to medium and large private sector companies.
From next year, businesses engaging independent workers will become responsible for setting the tax status of these individuals. As part of this reform, the tax liability will also transfer from the contractor to the fee-paying party in the supply chain, which is typically the recruiter or the company that directly engages the individual.
A survey of the APSCo’s membership revealed that fewer than half (39 per cent) of the professional recruitment firms polled believe that most of the businesses they work with are aware of the incoming changes. In addition, just 12 per cent said the majority of their clients are actively preparing for the updated legislation.
When asked if the organisations they recruit into are expecting to pay more for contractors after the changes are implemented, just 10 per cent said ‘yes’, 21 per cent said ‘no’ with the remaining 69 per cent ‘not sure’. This suggests that many are unaware of the wider potential consequences of the reform.
Previous research from APSCo following changes to off-payroll working in the public sector found that 45 per cent of professional recruitment companies witnessed the costs of resourcing contractors increasing after the new rules were introduced. Of these, 46 per cent reported that rate rises were in excess of 15 per cent.
Samantha Hurley, from APSCo and Co-Chair of HMRC’s IR35 Forum, said: “Businesses now have just months to get ready for incoming changes to IR35 legislation but, as this research suggests, it seems that many may be ill-prepared.
"Companies which haven’t already must urgently review their existing contingent workforces to determine what employment models individuals are working through to understand the extent of PSC contractor usage. They should then work with trusted recruitment partners to discuss which roles are likely to be in scope across different levels, and if individuals with these skills are thin on the ground or easily replaced, so that plans can be put in place to enable them to sustain and grow future workforces effectively.
"If we’ve learnt anything from the public sector roll out, it is that we are now entering a period of significant and arduous change. However, by working with expert recruitment partners, private sector organisations can ensure that they navigate the new landscape with ease.”
Further IR35 information
For more information about all aspects of IR35, including the controversial IR35 reforms see Shout99's News on IR35 section.
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Susie Hughes © Shout99 2019