The Treasury’s IR35 review has finally been published. Contractors hoping for a delay to the rules will be disappointed, as the document confirms off-payroll changes will go ahead on 6 April 2020 – with some (small) concessions.
The IR35 review confirms the government will implement the change as planned on 6 April. But there are some small concessions for contractors and their clients including:
- a “softer approach” to compliance in the first year of reform, where no penalties will be due for inaccuracies, unless HMRC suspects deliberate non-compliance
- more “signposting” to HMRC’s guidance, “as well as explaining the changes through webinars, letters, workshops and other material”
- an update to the legislation to clarify the time limits for the “client-led status disagreement process” as well more guidance “to make the appropriate use of this process clearer”
Why was there an IR35 review in the first place?
The upcoming rule change means medium and larger-sized businesses will be responsible for determining a contractor’s tax status, rather than the contractor themselves.
But the self-employed fear it’ll harm their flexibility, for example if big businesses make ‘blanket assessments’ of contractors to minimise risk. HMRC also doesn’t have a strong record of interpreting its own rules.