IT Contractor FAQs - Frequently Asked Questions

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Should I still bother with IR35 contract reviews if IR35 is going to be abolished?

Posted Sep 6, 2010

The recent news that the Office of Tax Simplification has been tasked with reviewing IR35 as a priority is certainly cause for cheer within the contracting industry, however contractors should be remember that the legislation is still very much in place.

No-one knows what the OTS's findings will be until at least Budget 2011, and even then - if IR35 is to be scrapped, what will it be replaced with?

The Government intends any revamp of current small business taxation to be revenue neutral, so even if the current IR35 rules are simplified, the OTS will have a tough task to find a way to uniformly tax the self employed when consultants, contractors and other self employed people have such disparate ways of working.

Our advice is still the same: we recommend that all contractors submit each of their contracts for review with employment status specialists.

Being IR35 compliant involves a lot more than simply using an "IR35-free contract" - your working practices must also reflect the terms of the contract.

We would also recommend considering taking out tax investigation insurance to cover your costs in the event that your tax affairs are investigated by HMRC.

This FAQ was answered by David Houston, MD of Clarity Contracting - the contractor accountancy provider.

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