Our website uses cookies to store information on your computer. You may delete and block all cookies from this site, but parts of the site will not work as a result. Find out more about how we use cookies.
(Do not show this message again)
Shout99 - News matters for freelancers
Search Shout99 - News matters for freelancers
(Advanced Search)
   Join Shout99  About Shout99   Sitemap   Contact Shout99 7th Jun 2020
Forgot your password?
Shout99 - Freelancers, FO35, Section 660
New Users Click Here
Shout99 - Freelancers, FO35, Section 660
Shout99 - Freelancers, FO35, Section 660
Front Page
Freelancers' Shop...
Ask an Expert...
Direct Contracts
Press Links
Question Time
The Clubhouse
Conference Hall...
News from Partners


Business Links

Shout99 - Freelancers, FO35, Section 660

Freelancers' Shop

Personal Financial Services
from ContractorFinancials




Income protection

... and more special offers for Shout99 readers in the Freelancers' Shop

Shout99 - Freelancers, FO35, Section 660
Shout99 - Freelancers, FO35, Section 660

News for the
Construction Industry

Hardhatter.com - News for small businesses in the construction industry

Powered by
Powered by Novacaster

Recruitment bodies respond to IR35 technical consultation
by Susie Hughes at 10:43 10/09/19 (News on IR35)
The Association of Recruitment Consultancies (ARC) has lodged its response with HMRC to the July technical consultation on the draft legislation leading to the extension of IR35 public sector rules to the private sector.
It is calling for greater clarity and a better overall balance in the legislation which is due to apply from April 2020.

ARC’s chairman Adrian Marlowe said: “As currently drafted the legislation leaves a lot to be desired, with the uncertainty around employment status and application of the rules likely to lead to hirers simply rejecting the use of company contractors because of tax risk. This has a major impact on recruitment businesses which inevitably will be first in the HMRC firing line when it comes to an investigation which in turn is only ever likely to arise where the contractor is paid gross.

“Apart from uncertainty for hirers, the legislation unfairly bears down on contractors who have genuine businesses, with the result that many may be forced into other kinds of arrangement to avoid losing the work."

ARC has recommended:

  • a modernisation of the rules around employment status, something we have been calling for many years
  • improved HMRC guidance around subjects such as ‘reasonable care’
  • a removal of the conflicts that exist over when an IR35 assessment should first be made, with the preliminary assessment being made being based on the nature of the services sought
  • a backstop to protect agencies in the event that a hirer changes its IR35 status assessment part way through a supply so that agencies can end the supply without being prejudiced
  • a simple process for an HMRC review where there is conflict on assessment, with an easy repayment arrangement where tax and NICs are incorrectly deducted
  • the ability for government to exclude certain sectors or types of work from application of the rules, this e.g. could be useful for oil and gas offshoring.

Mr Marlow said: “We hope HMRC takes our points into account. As things currently stand the deterrent effect on hirers and agencies will mean a shift from PSC contracting to other methods, most of which are likely to result in a reduction in use of the limited company opt out and the greater application of the agency conduct and agency worker regulations."

Further IR35 information
For more information about all aspects of IR35, including the controversial IR35 reforms see Shout99's News on IR35 section.

If you wish to comment on this article, please log in and use the Reply button below. Registering is free and easy - see 'Join Shout99'.
Susie Hughes © Shout99 2019

Printer Version

Mail this to a friend

Copyright 1999-2018, Shout99.com | All Rights Reserved
Privacy Notice and Terms of Use