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Off-payroll working (IR35)

Understanding Off-Payroll Working (IR35)

Hey there! If you've heard the term “Off-Payroll Working” or “IR35” and it sounds a bit scary or confusing, don’t worry! This guide will break it down in simple terms so you can understand what it means, who it affects, and how it might impact your tax.

What is Off-Payroll Working (IR35)?

Off-payroll working (often called IR35) is a set of UK tax rules designed to make sure people pay the right amount of tax when they work through their own company, usually a limited company. Sometimes, people say they are self-employed but actually work in a way that is very similar to a regular employee.

IR35 is there to check whether you are:

  • Genuinely self-employed, running your own business, or
  • Effectively working like an employee for a client.

This matters because employees and self-employed people are taxed differently.

Who Does It Affect?

The Off-Payroll Working rules apply to:

  • Contractors who provide their services through their own limited companies (often called personal service companies).
  • Clients/businesses that hire these contractors.

In many cases, the client now has to decide whether a contractor is really working like an employee or is genuinely self-employed. That decision affects how tax and National Insurance are paid.

How Does IR35 Work?

When someone works through their own limited company, the client may need to decide if, for tax purposes, they should be treated like an employee. To figure this out, they look at how you actually work day-to-day, not just what the contract says.

Some of the key factors they consider are:

Factor Explanation
Control Does the client tell you what to do, how to do it, and when to do it, like they would with an employee?
Substitution Can you send someone else to do the work instead of you, or does the client expect you personally to do it?
Mutuality of Obligation Is the client expected to keep giving you work, and are you expected to keep accepting it, like a normal job?

If it turns out you are working more like an employee, then IR35 applies. This usually means:

  • The client (or agency) will deduct tax and National Insurance from your pay under PAYE, just like they do for employees.
  • You take home less than if you were treated as fully self-employed and paid mostly via dividends.

Key Roles and Decisions

Category Description
Contractor Someone who provides services to a client through their own limited company.
Client The company that hires the contractor.
Determination The decision about whether the contractor is really self-employed or acting like an employee.
Tax Obligations How tax and National Insurance must be paid, depending on whether IR35 applies or not.

Why Does It Matter?

IR35 is important because it affects how much tax you pay and how much money you actually take home.

  • If you are inside IR35 (working like an employee), you may pay more tax and National Insurance.
  • If you are outside IR35 (genuinely self-employed), you can usually pay yourself in a more tax-efficient way, for example through a combination of salary and dividends.

The rules are also there to make the system fair, so that people doing the same kind of work pay a similar amount of tax.

What Should You Do?

If you’re a contractor or thinking about becoming one, it’s important to understand how IR35 might affect you. Here are some simple steps:

  • Check your contracts: Look at the terms and see whether they make you look more like an employee or a genuine contractor.
  • Review how you actually work: Do you have control over how, when and where you work? Can you send a substitute? Are you treated differently from permanent staff?
  • Ask your client for their status determination: For many engagements, the client must give you a statement saying whether you are inside or outside IR35 and why.
  • Keep records: Save copies of contracts, emails and working practices that show how you operate as a contractor.
  • Get professional advice if you’re unsure: A tax adviser or accountant with IR35 experience can help you understand your position.

Final Thoughts

Off-Payroll Working (IR35) can seem a bit daunting at first, but it’s really about one main question: are you working like an employee or as a truly independent business? By understanding the basics, checking your contracts and getting advice when you need it, you can stay on top of your tax position and avoid unwelcome surprises.

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