Agency Guide – Fact and Fiction – Contractors

A contractor can choose to be “Outside IR35”

FICTION: The IR35 status of a contractor is governed by their labor practices and their employment contract. Both areas must be fully evaluated before determining what the IR35 status of a contractor is.

– Contractors receive claimed expenses fully reimbursed by HMRC.

FICTION – HMRC does not reimburse or reimburse expenses in full; An umbrella company must reimburse the corresponding expenses in full of the invoiced amount. What HMRC allows is for a contractor to claim a tax break on this expense. So for every £ 100 in expenses, they would be reimbursed £ 32. (Based on typical tax and NIC rates)

– Contractors can avoid IR35 simply by adjusting their employment contract.

FICTION – There is no such thing as an IR35 “test” contract like all real work arrangements

is relevant. Many of the so-called “test” or “friendly” IR35 contracts are drawn up without taking into account the actual situation or the requirements of clients and agencies. HMRC can also research actual work

practices requesting statements from the Contractor’s Client.

– Independent contractors earn more than permanent workers

FACT – The fees that contractors earn are always more than permanent employees. Provided a

A professional approach is taken to find a contract, gaps between contracts can be avoided by making the

opportunity to earn much more money than in a more realistic permanent job. If the skill set is in high demand, then a contractor could at least double or even triple their current salary through hiring.

– A contractor will receive full vacation pay from his umbrella company.

FACT – Vacation pay is a commitment generally paid by an employer to a full-time staff member. As a

self-employed, you do not receive this benefit, however, they will receive a higher base pay rate to compensate and the umbrella company will return it to the worker.

– Being a contractor will make it difficult to obtain financing / mortgages.

FICTION – The difficulty lies in showing what your income really is.

–If a contractor is excluded from the European Directive on working time, it is automatically “Outside IR35”

FICTION – Choosing to participate or not in the Working Time Directive has nothing to do with employment and IR35

condition.

–After 24 months on a contract, contractors can claim expenses again if they move umbrella companies

FICTION – Umbrella company move does not reset the “24-month rule”, this can only happen after a 6-month break in the contract or a complete change in the temporary workplace.

– Contractor can claim PC equipment as an expense

FICTION – Hardware is no longer covered by HMRC as an allowable expense when “Inside IR35”. Tea

The simple reason behind this is that the expense must be entirely and exclusively for the contract. Therefore, they would have to return the hardware when the contract ended. If “Outside IR35”, the guidelines are different.

– Contractors should always collect receipts for expenses claimed.

FACT – Any expense that a contractor claims as tax relief, whether covered by a business waiver or not, should be kept for their own records. Original receipts should never be sent to an umbrella company; however, if necessary, it is highly recommended that contractors keep a copy or request a copy in return.

– Contractors pay national insurance contributions to both employers and employees

FACT – If detected by IR35, the contractor will pay NI Employers and Employees in full for all their earnings, as they are effectively required to pay all salary through PAYE. Whether they decide to join a general scheme or form their own limited partnership, there is no difference in NI payments, they still have to get paid.

– Contractors can claim tax breaks on temporarily rented accommodation.

FACT – They are entitled to deduct the expenses of a rented place to live close to the contract workplace if and only if they have another house or apartment as their primary place of residence elsewhere in the UK.

The basic rule is simple. Ordinary living expenses cannot be deducted from your taxes, i.e. food, clothing, trips to a regular workplace, etc. Let’s say you are permanent employees based in Leeds and your employer asks you if you can work in the London office for three months. The employer would pay for all travel, accommodation and at least part of the food because they would be forced to eat more in restaurants.

The same applies to a contractor. If for valid work reasons they are forced to travel to a different workplace, their travel, accommodation and food expenses become deductible. All related expenses can be deducted, including city tax, electricity and everything else related to the move. That includes travel to the office from the place of temporary residence.

This rule applies to contractors who live in one city and work in another. Does not apply to

Foreign; For example, a contractor who has come to England from Australia and establishes his residence close to work, that residence becomes the primary residence as far as the UK tax authorities are concerned.

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