Following a review of the effectiveness of the IR35 rules, there is to be new guidance from HMRC including what is described as 12 business entity tests.
Points are allocated to each test and if a contractor scores less than 10 points there is a high chance of them being caught by IR35; if they score more than 20 points there is low risk.
The headings for the tests are set out below:-
- Business Premises Test
- PII Test
- Efficiency Test
- Assistance Test
- Advertising Test
- Previous PAYE Test
- Business Plan Test
- Repair at Own Expense Test
- Client Risk Test
- Billing Test
- Right of substitution test
- Actual substitution Test
For further advice regarding IR35 contact Eaves & Co on 0113 2443502