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IR35 is a piece of tax legislation designed to prevent contractors from working as disguised permanent employees, benefiting from a tax efficient route without the responsibility of running a limited company.

If you’re a contractor operating through your own limited company, IR35 is a subject you’ll only be too familiar with. Since April 2021, unless you’re contracting for a ‘small’ private sector client, it’s the responsibility of the hirer to determine your assignment’s IR35 status.

However, even if your end client does determine your contract and working practices to be inside, this doesn’t mean that you can’t get a second opinion, especially if you’re thinking about challenging this assessment through the client-led disagreement process.

That’s why we’ve chosen to partner with IR35 specialists, QDOS. Either included as a free service within your ClearSky package or at a discounted cost, QDOS can provide either an IR35 contract assessment or a full IR35 review for each assignment.

An overview of these two services can be found below.

IR35 Contract Assessment Included on our Adapt, Assure & Executive packages £45 + VAT if not included on package	Full IR35 Review Included on our Executive package £120 + VAT for Freedom & non-trading clients £75 + VAT for Adapt & Assure clients
Overall pass/fail opinion Concise list of required changes Liaison with agency if required	Overall pass/fail opinion Concise list of required changes Liaison with agency if required Comments on each relevant clause and an IR35 guide for improved understanding A full working practices review

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How is my IR35 status determined?

HMRC’s current framework can become complex and varies from contract to contract. However, there’s a few factors which play their part in determining your IR35 status:

Control

Carrying out work through your limited company generally means you’ve got a higher level of control over your working hours and conditions, than that of an employee. HMRC will look at how much control your end client has over your hours of work, working conditions, and the assignment you’re working on.

Right to substitution

One of the things that can distinguish you from a permanent employee, is your right to provide a substitute if you’re unable to work. This counts as another contractor which replaces you, in order to complete the work you’ve done for your client.

Mutuality of Obligation (MoO)

Permanent employees are generally asked to fulfil tasks and projects by their employer, and as an employee they are obliged to carry these out to a set standard.

Things are a little different for contractors; you’re required to fulfill the work agreed by your client and move on once you’ve completed it. If there’s no mutuality of obligation with your end client, then this could point to your contract landing outside of IR35.