Am I caught by IR35?

By  | July 29, 2014 | Filed under: Living in the UK

I just called the HMRC IR35 number, 03002003885, and they are incredibly helpful. They can provide advice over the phone but recommend that I email them my contract and lots of information to help them decide whether I’m in or out. This service is free! and can take a month and then the decision they make is permanent, assuming I provided full information and my circumstances don’t change. The email address is ir35@hmrc.gov.uk. Information I am asked to send is:

  • _Brief_ history of my company, to include all clients in last 12 months, description of what company does (in non-technical terms), shareholders.
  • Description of a typical working day, or an explanation of why there is no typical working day.
  • Description of how I work – where, when, with what equipment.
  • Description of business expenses incurred.
  • Example invoices and work logs.
  • Evidence of marketing activity. I will send them my website address.
  • Contract with client. This contract must be in the name of my limited company and not me as a sole trader. IR35 is irrelevant for sole traders. (If my Ltd doesn’t exist yet then I must set it up and generate some evidence to send first.)

It is better to send too much information than too little. I was told this explicitly. They promise not to share this information with the rest of HMRC.

My accountant recommended that I send the email to them first for them to review it.

4 Responses to Am I caught by IR35?

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