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IR35: spotting and responding to an HMRC enquiry

Steven Porter and Penny Simmons (Pinsent Masons) provide guidance for large businesses on managing IR35 compliance risks.

With three years having passed since changes to the IR35 rules were introduced creating compliance and tax responsibilities for medium and large sized businesses it is prudent to reflect on how IR35 is being managed by businesses and how HMRC are approaching compliance and enforcement. This article focuses on large businesses albeit much of the content will be applicable to medium sized businesses and public sector organisations.

Prior to considering how compliance risks should be managed it is helpful to briefly recap the IR35 rules.

Background

Introduced in 2000 IR35 is essentially an anti-avoidance rule targeting the use of personal service companies (PSCs) to avoid employment taxes. Broadly where an individual is engaged off-payroll and through a PSC (we shall call that individual a PSC...

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