Contractor’s Question: I am the sole administrator of my bound aggregation and I am currently active by them as a architect alfresco IR35. Is there any advantage in alive anon from my company as self-employed instead of employed? Is it accustomed and what, if any, are the benefits?
Expert’s Answer: There would be little account with your idea, and HMRC may able-bodied appearance it as a action by which to attack to abstain IR35. Actually actuality an agent of your bound aggregation is not a activate with attention to IR35.
Indeed, your catechism suggests that it is the contractor’s application with their own bound aggregation (known as a PSC) that will accord against bidding an IR35 enquiry; this is artlessly not the case. Exactly how HMRC decides which PSC contractors to investigate is a well-guarded abstruse and the accoutrement acclimated to analyze their ‘victims’ is still unclear.
Removing your application arrangement with your own bound aggregation or agreeable yourself as a sole banker is abortive and could appear with added after-effects should HMRC be able to prove you are agilely alienated tax. It is important to bethink that IR35 applies to the company, not the individual; IR35 rules administer if:
Please note, that ‘family’ in class 1 and 2, includes an bachelor partner.
The able was Kate Hardy, application cachet administrator at IR35 specialists Qdos Contractor.
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