IR35’s purpose is to ensure that contractors pay a similar amount of Income Tax and National Insurance Contributions (NICs) as employees would if they were directly providing services to a client.
Inside IR35:
Employee-Like Status: When a contractor or freelancer falls “Inside IR35,” their working arrangement is considered similar to that of a regular employee for tax purposes.
Tax Implications: Inside IR35 contractors are subject to Income tax and National Insurance contributions (NICs) on their earnings. Income tax and NICs are deducted at source, similar to regular employees.
Employment Benefits: Contractors inside IR35 are entitled to employment benefits, including holiday pay, sick pay, and continuous employment.
Less Tax Efficient: Being inside IR35 can lead to a higher tax liability compared to working Outside IR35 because contractors miss out on the tax advantages associated with self-employment.
Outside IR35:
Self-Employment Status: When a contractor or freelancer is categorised as “outside IR35,” their working arrangement is genuinely recognised as self-employed.
Tax Responsibility: Contractors working outside IR35 manage their own taxes and NICs. If they operate through a limited company and pay themselves through a combination of salary and dividends.
Tax Efficiency: Working outside IR35 typically offers greater tax efficiency, as contractors can leverage tax allowances and deductions that employees cannot.
Fewer Employment Benefits: Contractors outside IR35 do not automatically receive employment benefits like sick pay or holiday pay; they need to arrange these benefits separately.
To find out more about Umbrella Companies and IR35, click here.
