IR35: Why senior independents in the public sector are switching to payroll umbrella company working

What is IR35 and why does it matter?

April 2017 saw the introduction of HMRC’s ‘off-payroll working’ rules for temporary workers in the public sector, including consultants, contractors and interim managers. The new rules specify that the end-client is now responsible for determining the IR35 status of an assignment, and HMRC expect many more assignments to fall within IR35 than under the original IR35 legislation. At the same time, new tax rules have been laid down for those working in the public sector under IR35 but who continue to be paid through their personal service companies. Here, the agency or end client must deduct tax and national insurance, and pay the employer’s NI contribution before paying the net amount to the personal service company.

This leaves us with many unanswered questions about how VAT should be charged, what are appropriate day rates to charge given that the client now pays Employers NI, and how business owners are expected to run their business since there is no additional income to do so. In light of these unknowns, it appears that the PSC model is no longer viable for independent professionals working on temporary assignments.

Unlike the PSC model, the payroll umbrella company model  provides independents with a compliant and simple solution. A payroll umbrella company is a company that employs freelance workers who may work on numerous different assignments, at various locations, either through agencies or directly for end-clients. The payroll umbrella company enters into an employment contact with the worker and a service contract with the agency or end-client. The payroll umbrella company will consolidate workers’ earnings and ensure the correct taxes are paid, so that the worker remains compliant and does not have to re-calculate their tax at the end of the year.

In short, this is now the only sensible choice for those still wishing to take on assignments under IR35 in the public sector, and remain independent of their end-client.

Payroll umbrella companies – the benefits

1. Working through a payroll umbrella company offers ease and simplicity of working, and if you work with a specialist for senior independent professionals such as Competex Pro, you can be safe in the knowledge that all administrative matters will be handled with care, helping you stay professional with your agency and end-client.
2. As a payroll umbrella employee, you are entitled to all statutory employment rights, such as holiday pay, maximum working hours, sick pay and Maternity/Paternity/Adoption pay. These are listed in our Guide to Working through a Payroll Umbrella Company.
3. Working through a payroll umbrella company on a series of assignments gives you continuity of employment, which can help you if you are obtaining credit or a mortgage.
4. Working through a payroll umbrella company allows you to retain a certain degree of independence. The payroll umbrella company has no involvement in your work-finding activities or the work you carry out for your end-client.

Are you working in the public sector and experiencing difficulty as a result of the new rules? Our team are happy to help you explore your options. Please get in touch with us directly via email or phone, or check out our free, downloadable guide to payroll umbrella company working.