Search

How can we help?

Icon

IR35 changes: HMRC ups its game

As businesses continue to prepare for the impact of the April 2020 changes to IR35 and the private sector, it is important to be aware that this week the government has launched an update to its online check employment status for tax (CEST) tool.

Work can only be employment for tax purposes if:

  • the individual effectively has to carry out the work personally;
  • there is an obligation on the individual to do the agreed work and on the end-user to pay for it; and
  • the end-user has significant control over the work to be done and how, when and where it is done.

As well as only producing an answer in 85% of cases, previous iterations of CEST had been rightly criticised for not taking enough consideration of control in determining whether tax and NI is payable.

The latest version is much less crude and deals with control in much more detail. Of course, CEST is still not infallible.

This week the government has launched an update to its online check employment status for tax (CEST) tool.

In order to be well prepared for the April 2020 changes and avoid the very expensive consequences of getting this wrong, it is crucial that businesses review their use of contractors by:

  • carrying out an audit to understand how the working relationship operates in practice rather than only relying on the written contracts, which will invariably state that the individual is self-employed.
  • only inputting accurate information into status checking tools such as CEST.
  • ensuring right to work checks are carried out if there is a possibility that the individual is employed for tax purposes. Businesses that fail to do so and are found to have employed an illegal worker face heavy sanctions.

For more information on how to get ready for the imminent IR35 changes, including specific advice where you believe that the status checking tool has not given the correct answer, contact our employment team.

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

About this article

Read, listen and watch our latest insights

art
  • 26 June 2025
  • Employment

A shift in EHRC guidance on single sex spaces in the workplace

In a recent significant shift, the Equality and Human Rights Commission (“the EHRC”) has quietly amended its guidance on single sex spaces in the workplace.

art
  • 25 June 2025
  • Immigration

Immigration Changes in Statement HC 836 – what do they mean?

The UK government has released its latest Statement of Changes to the Immigration Rules (HC 836), with shocking implementation dates throughout July 2025.

art
  • 20 June 2025
  • Privacy and Data Protection

Data Protection reform receives Royal Assent: What is the Data (Use and Access) Act 2025 (DUAA) and what it means for your business

The UK’s data protection framework is about to undergo its most significant change since the UK GDPR came into force. After months of parliamentary debate, the Data (Use and Access) Act 2025 (‘DUAA’) has successfully received Royal Assent.

art
  • 18 June 2025
  • Employment

Pride Month: How Can You Celebrate as an Employer

The UK held its first Pride Parade in 1972, inspired by events held in major American cities following the Stonewall rebellion in New York in June 1969.

Pub
  • 16 June 2025
  • Privacy and Data Protection

WhatsApp in the workplace: Is it legally safe?

In this podcast, Lucy White and Monica Mastropasqua, members of the Data Protection team at Clarkslegal, will address frequently asked questions from clients regarding the use of WhatsApp at work.

art
  • 13 June 2025
  • Employment

Human Resources – A Shift Towards artificial intelligence?

On 6 May 2025, the SRA authorised the first law firm providing legal services through artificial intelligence. Garfield.Law will provide an AI-powered tool which can assist businesses with the small claims court process, to aid in recovering unpaid debts.