Written on 15-Jul-2019
When the legislation is put into place next year, companies will have to check whether contractors need to pay income tax and national insurance contributions.
This means the responsibility for conducting the checks will move from the contractor to the organisation using their services.
Many recruitment agencies and industry bodies believe the rules are a problem for employers and contractors, but here at CJUK we welcome the reforms as we have always been proud about operating payroll for the candidates whom we supply to our hospitality partners, making the correct deductions at all times.
Companies that use contractors will have to decide for themselves whether each individual contractor falls within the bounds of IR35. Three of the key principles are as follows:
Financial institutions will also be responsible for determining the employment status of each contractor or agency staff member.
Organisations falling foul of the new IR35 rules will have to pay the relevant taxes and fines which could amount to tens, if not hundreds, of thousands of pounds.
Katie Mellor, Director at CJUK, said:
“We have always been proud of the fact that we ensure any chefs provided to our clients are paying tax in the appropriate way.
We know that the majority of chefs working on a temporary basis cannot call themselves legitimately self employed and therefore should be paying tax through PAYE. The IR35 legislation will ensure agencies cannot treat chefs as ‘self employed’ when they are in fact a ‘worker.’
They should be making the necessary deductions for employees national insurance and paying employers national insurance.”
This measure is expected to impact 170,000 people working through their own company, who would be employed if engaged directly.
The good news is that those who are complying with the existing rules, such as Chefs on payroll with CJUK, should feel very little impact.
The measure is targeted at individuals who are not compliant, meaning that adhering to the off-payroll working rules could have a significant impact on their income available to them and their families.
Whilst we are not qualified to offer professional advice on this topic, we have teamed up with an IR35 expert, Stephen Outhwaite of Outhwaite Associates, who is happy to offer assistance and professional advice.
If you would like any information, please contact us today.