On 20th July 2010, the newly formed Office of Tax Simplification announced that reviewing the IR35 tax legislation
would be a top priority.
In time for the 2011 Budget, the OTS must report to the Chancellor about which elements of the current tax system
cause the most confusion for small businesses, priority areas for simplification, and the impact of any simplification
measures.
Any simplification of IR35 will need to provide an alternative regime to tackle the tax avoidance IR35 was
originally set up to tackle. John Whiting, tax director at the new Office of Tax Simplification (OTS) has hinted that
quick fixes to streamline IR35 are unlikely.
^ TopAbout the IR35 Review
Contracting sector could benefit from IR35 review by new Office of Tax Simplification
Contractors could benefit as the Treasury announces the creation of the Office of Tax Simplification, charged with tackling the unfairness of IR35.
IR35 may be repealed or replaced, but the old rules will apply to previous contracts
Whatever happens to IR35, it will still apply to contracts completed in the years the legislation was in force, warns Qdos’ Andy Vessey.
^ TopIR35 potential changes
IR35 future: what would happen if the UK copied Canada?
The employment tests in Canada are similar to the UK ones, but it is the client who gets punished if a contractor is found to be a disguised employee.
IR35 future: Australia’s legislation to tackle false self-employment
Australia uses legislation designed to identify the personal services income (PSI) of contractor businesses, with higher taxes for those caught.
IR35 successor possibilities: what happens in the United States of America
If an IR35 successor adopted a US-style independent contractor test, then IR35’s replacement would financially penalise clients for misclassification.
IR35 Solutions: Improved targeting by HMRC will increase the quality of enforcement
If IR35 is to remain in the medium term, HMRC can apply its expertise to improve targeting and increase the quality and consistency of enforcement.
^ TopBackground to IR35
What is IR35?
Explains what IR35 is and how it affects contractors.
IR35 history & overview
A timeline and oveview of the IR35 legislation since it was introduced in April 2000.
IR35 Rules: How to determine if your contract passes IR35
Contractors signing a contract without checking whether it passes IR35 are taking a huge risk. Here’s what to look for before signing the contract.
How contractors should prove being outside IR35
Contractors should arrange to obtain and to keep certain documents to prove, as best as one can, that they are outside IR35.
Why contractors caught by IR35 cannot necessarily claim employment rights
Roger Sinclair of Egos dashes the hopes of contractors caught by IR35 claiming employment rights from their clients.
IR35 - Top 10 traps to catch the unwary contractor
HMRC is always on the lookout for contractors who put themselves inside IR35 by making easily avoidable mistakes. Here are the top ten traps to avoid.
^ TopIR35 Tax Calculators
IR35 Calculator
How much does IR35 cost a contractor?
IR35 Taxes Calculator
Compare the taxes for inside and outside IR35?
^ TopLatest IR35 Review news
IR35 is here to stay for the foreseeable future, as the Budget document reveals that the Government choses the second option to better administer IR35
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Wed, 23 Mar 2011
HMRC’s response to a ContractorCalculator Freedom of Information request shows HMRC “does not hold” data that’s vital to evaluate OTS’s IR35 reforms.
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Wed, 16 Mar 2011
Contracting experts, with the exception of PCG, favour IR35 reform through the OTS options of better HMRC enforcement and a clear in-business test.
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Fri, 11 Mar 2011
Contractors are not facing a ‘done deal’ on IR35 - the OTS is calling for more debate on options for reform before sending final report to ministers.
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Thu, 10 Mar 2011
The OTS recommends suspending or better enforcing IR35 as an interim measure, before merging income tax and NICs, which would make IR35 irrelevant.
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Thu, 10 Mar 2011
The final report on tax reliefs by the Office of Tax Simplification will have little impact on contractors, but deeper tax issues are highlighted.
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Thu, 03 Mar 2011
Tax rules have not kept pace with modern working patterns, says OTS Tax Director John Whiting in this exclusive interview with ContractorCalculator.
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Mon, 28 Feb 2011
IR35 is here to stay for the medium term, will be policed more effectively by HMRC.
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Wed, 09 Feb 2011
In a crackdown on disguised employment, the US government has set aside $25m (£16m) to conduct random audits of 6,000 businesses.
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Thu, 13 Jan 2011
ContractorCalculator summarises IR35’s current unworkable status and suggests what form an interim, post-IR35 contractor tax landscape might take.
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Mon, 10 Jan 2011
ContractorCalculator identifies why replacements for & successors to IR35 won’t work, in this fourth of a series of articles analysing IR35 solutions.
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Thu, 06 Jan 2011
ContractorCalculator examines why IR35’s intrinsic flaws make it unworkable, in this third of a series of articles analysing possible IR35 solutions.
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Tue, 21 Dec 2010
The Office of Tax Simplification has published a list of over 1000 tax reliefs it plans to review, including many used by contractors to reduce tax.
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Wed, 10 Nov 2010
The Office of Tax Simplification has announced good progress on its first two taxation reviews and recruited private sector experts to join its team.
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Fri, 22 Oct 2010
The Office of Tax Simplification must tread a fine line as it considers the options for IR35 reforms, maintaining tax yield yet reducing complexity.
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Tue, 12 Oct 2010
Australia uses legislation designed to identify the personal services income (PSI) of contractor businesses, with higher taxes for those caught.
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Mon, 27 Sep 2010
In theory, IR35 could change at the next budget, but in practice Qdos’ Andy Vessey predicts contractors could be waiting some time for amendments.
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Thu, 23 Sep 2010
If an IR35 successor adopted a US-style independent contractor test, then IR35’s replacement would financially penalise clients for misclassification.
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Mon, 13 Sep 2010
The Office of Tax Simplification’s search to find a successor to IR35 that might please all presents a huge, potentially insurmountable, challenge.
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Tue, 31 Aug 2010
Support for the General Anti-Avoidance Rule (GAAR) announced in June’s budget is growing and could change the tax landscape for contractors.
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Tue, 17 Aug 2010
A measured review of IR35 means the tax is going nowhere fast, according to the OTS. But, says ContractorCalculator’s CEO, that could be a good thing.
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Mon, 09 Aug 2010
PCG’s Simon McVicker describes IR35 as ‘dead on its perch’, but until the legislation is repealed, contractors must remain on their guard.
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Mon, 02 Aug 2010
Contractors could benefit as the Treasury announces the creation of the Office of Tax Simplification, charged with tackling the unfairness of IR35.
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Tue, 20 Jul 2010
^ TopExternal Resources
Office of Tax Simplication
OTS: Small Business Tax Simplification Review, including IR35: terms of reference