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False Self-Employment Legislation

Contents:

The false self-employment legislation proposed at the end of 2013 could force all contractors, including limited company contractors, into paying tax and National Insurance Contributions (NICs) via the Pay As You Earn (PAYE) scheme.

It incorporates a new test, laid out in the Finance Bill 2014. If it becomes law, the test will apply to all contractors who are on agency contracts from 6 April 2014.

The test presumes that contractors are employees for the purposes of income tax and NICs, unless it can be proved by the agency that they are not “under the control, direction and supervision” of the client as to the manner in which they provide their services.

The likely impact is that all agencies and organisations in the supply chain will deduct income tax and NICs at source via Pay As You Earn (PAYE) from all limited company and umbrella company contractors.

If enacted, the test will sit alongside existing tests of employment and IR35. In its current form a contractor could be outside IR35 but fail the false self employment test, so still pay tax like an employee, as if they were actually caught by IR35.

The legislation is undergoing a consultation which ends on 4 February 2014.

Background

False Self-Employment legislation - explained
Most contractors should remain outside of the False Self-Employment legislation, which is mainly targeting self-employed sole traders.

Latest news

Employment intermediaries reporting catches limited company contractors, says HMRC

Employment intermediaries legislation reporting requirements includes personal service companies, shows new draft legislation and guidance from HMRC.

Others | Friday, 13 February 2015

False Self-Employment legislation - explained

Most contractors should remain outside of the False Self-Employment legislation, which is mainly targeting self-employed sole traders.

Others | Wednesday, 21 May 2014

Contractors face new False Self-Employment legislation from April 2014, confirms HMRC

Contractors to be subject to False Self-Employment rules from April 2014 and a Targeted Anti Avoidance Scheme will tackle mass incorporation.

Others | Friday, 14 March 2014

Contractor and recruiter bodies in final attempt to delay false self-employment rules

PCG and the REC have joined forces to write to the Chancellor in a last ditch attempt to delay proposed false self-employment legislation.

Others | Thursday, 13 March 2014

Contractors excluded from proposed False Self-Employment rules by technicality

Limited company and umbrella contractors are excluded from proposed False Self-Employment legislation through a tax technicality, explains Lawspeed.

Others | Thursday, 23 January 2014

HMRC places limited company contractors outside new False Self-Employment Legislation

Limited company contractors are not within the scope of the new False Self-Employment legislation proposals, shows Lawspeed its latest seminar.

Others | Thursday, 23 January 2014