IR35 in the public and private sectors
If you are a contractor it is likely that you’ve heard of IR35.
IR35 is a piece of legislation that came into force in 2007 to stop contractors from operating like employees but calling themselves contractors in order to pay less tax and National Insurance.
Changes to IR35 were implemented in 2017 when it became the responsibility of the client to determine the contractor’s IR35 status. However, this only applied to contractors operating in the public sector.
Following these changes, if the contractor was found to be inside IR35, it was the client that became responsible for deducting their tax and National Insurance contributions from the fee before it was paid to them.
Many of these public sector contractors were wrongly classified as being inside IR35, regardless of their circumstances, meaning many paid more in tax as a result.
Although these contractors had to pay more tax and National Insurance at the same levels as an employee, they did not receive the benefits of being employed.
Furthermore, from April 6th this year, the same rules have been rolled out to the private sector.
So, whereas prior to April 2021, many contractors avoided the public sector in order to avoid getting caught out by IR35, this is a factor that should no longer come into play when choosing between public vs private sectors.
There is, however, one way to avoid IR35 and be free to choose between public vs private sectors – by going umbrella.
For more information on IR35, check out our contractor’s guide to IR35 in 2021.