IR35 determines whether a contractor working through a PSC should be taxed as an employee. Agreements must reflect genuine independence: substitution rights, no mutuality of obligation, and control by the contractor.
- IR35 applies if engagement looks like employment
- PSC must receive an SDS (Status Determination Statement) from the client
- Key tests: substitution, control, mutuality of obligation
- Holidays, sick pay, and notice period language must be avoided
- Indemnity clauses shift IR35 liability risk to client if SDS incorrect
Legal reference: Income Tax (Earnings and Pensions) Act 2003; IR35/Off-payroll rules 2021