Dodwell: private sector IR35 rules only create suspicion

Bill Dodwell LLB CTA, senior policy adviser at the Office of Tax Simplification (OTS), discusses attempts to reform private sector IR35 rules and what needs to be changed so that employees are identified seperately to the self-employed

One of the bigger items on the tax agenda is extending the so-called engagers legislation to the private sector. This was introduced for the public sector in April 2017 and essentially requires that a public sector user of services make an assessment whether the provider is a quasi-employee. If the individual is a quasi-employee then the engager (or an intermediate agency) must operate PAYE. We thus have three categories of ‘service provider’: employees of the engager; quasi-employees (where PAYE/national insurance contributions (NIC) applies but not necessarily other employment consequences); and the self-employed.

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