IR35: Top 5 Frequently Asked Questions

IR35 is a subject that has the ability to panic, unnerve and dumbfound UK contractors, with detailed guidance and historic case law creating a minefield of information. Speaking to status experts, Qdos Contractor however, we help answer some of the most frequently asked IR35 questions.

1. IR35 Investigations

Question: “I am a contractor and I believe I work compliantly, do IR35 investigations not apply to me? And am I ‘safe’ from HMRC?”

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2. Working Practises

Question: “My current employer has offered me a contracting role to start in 2 weeks doing the same job as I am currently employed to do, will this fall inside IR35?

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3. Business Entity Tests

Question: I took the business entity test and score ‘high risk’, will that mean that I will be caught by IR35? What can I do to prevent this?

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4. 24 Month Rule and Length of Contract

Question: “How will the 24 month rule affect me in terms of IR35? Also, my contract has been extended which will mean I’ve been with the same client for more than 2 years, how will this affect my IR35 status?”

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5. Ensuring Compliance

Question: “I am a contractor, and I fear that I may be working within IR35. The company that I work for is quite dismissive of IR35 when I approach the subject, and encourages me to act like ‘one of the team’. What lengths can I go to in order to ensure that I am IR35 compliant?”

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To ask your own IR35 question, feel free to comment in the box provided, and one of the Qdos IR35 team will be available to provide an answer.