“SMALL” EMPLOYERS EXCEPTED
“Small” businesses will be outside of the new obligations and services
supplied to such organisations will continue to be dealt with under the
current IR35 rules, with the worker and his or her personal service
company effectively self-assessing whether the rules apply to that
particular engagement.
The draft Finance Bill confirms that the definition of “small” is linked
to the Companies Act 2006 definition. This is where the business
satisfies two or more of the following conditions:
- Annual turnover of £10.2 million or less
- Balance Sheet total of £5.1 million or less
- 50 employees or less
There will be an obligation to pass details of the status
determination down the labour supply chain. The liability for tax and
national insurance will be the responsibility of the entity, paying the
personal service company. However, if HMRC are unable to collect the tax
from that entity, the liability will pass up the labour supply chain,
thus encouraging those entities further up the supply chain to carry out
due diligence.
Please contact us if you would like to discuss how the proposed changes
are likely to impact on your business.
