THE VIEW AND THE INTELLIGENC E
The productivity puzzle and ways to solve it P2 BIG TALKING PO INT
How to create the next generation of leaders P4 LEGAL UPDATE
RECRUITMENT MATTERS
Changes to right to work checks P6 Issue 73 May 2019
TR AINING
Upcoming training and events P8
I R 3 5 R E FO R M S
Time running out to get the IR35 rules right, the REC warns I
t’s taken longer than anticipated but the government has now published its IR35 ‘Off Payroll Working Rules’ consultation. This sets out several proposals for improving the reform, before the changes come into effect for the private sector in April 2020. The REC has consistently argued that agencies should not bear responsibility for a client’s decision on who falls into IR35 status. The consultation includes some movement on this, with the government saying that liability for unpaid tax and National Insurance Contributions will rest with the party that did not fulfil its obligations. Details on this issue include: • Possible legislation to make it mandatory for end clients to share their IR35 determination – and the reason for it – with the worker. • To demonstrate compliance, all parties will be required to communicate the IR35 determination of the contractor to the next party in the supply chain.
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• HMRC will go after the end client if: • the end client is the one who failed to give the correct determination/provide the evidence for that determination • the end client failed to communicate the IR35 determination of the client to the agency • the end client is the only entity in the supply chain operating in the UK. The government has also proposed that small companies in the private sector should be exempt from having to determine the IR35 status of individuals and is using the consultation to clarify how this applies to non-corporate entities. This means agencies supplying the contractors are likely to need to systematically check the status of the client they are providing services to.
“Overall, these changes will not be easy to implement by April 2020.”
As both the issue of liability and small business exemption may well add complexities for agencies, the REC has committed to continued engagement with HMRC and Treasury to find workable solutions. “The clock is ticking on getting the rules around IR35 right so that they work well for individuals and recruitment agencies,” says Tom Hadley, the REC’s director of policy and campaigns. “Overall, these changes will not be easy to implement by April 2020. We hope government does not drag its feet in publishing the final legislation and businesses are given at least six months from the final legislation to prepare. The REC will be working closely with our members and government to ensure the changes are workable and that compliant businesses are not penalised.” Ornella Nsio, REC stakeholder engagement manager
www.rec.uk.com 04/04/2019 16:31