IR35
IR35 was introduced by HM Revenue & Customs (HMRC) in April 2000 and was originally designed to catch people who were an employee of a company on a Friday, only to return as a contractor on Monday simply to take advantage of the tax benefits.
Since then it has developed and HMRC regularly attack contractors of all types, which causes huge levels of uncertainty and worry. If a contractor is investigated enquiries can often take over two years to conclude and if unsuccessful can mean an enormous tax bill. Last year a contractor lost his case at the High Court and was faced with a bill of £99,000.
Many of the IR35 challenges are as a direct result of a PAYE compliance visit. However, under self-assessment, HMRC has the power to open an enquiry into any tax return or set of business accounts. The professional fees to defend such enquiries can be substantial. The importance of considering insurance against this eventuality has never been as high as it is today.
The chances of being investigated differ widely from sector to sector but our experience shows that freelancer contractors are very much under the spotlight.
If you provide services for customers over a longer period of time the Intermediaries Legislation (IR35) will become an issue.
Business Insurance
It is often vital that you hold business insurances, namely Employers' Liability, Public Liability and Professional Indemnity. These not only provide coverage should a claim ever be made, but also help to show that you are a genuine business should your status be called into question.
"As a contractor or freelancer you are responsible for providing a service to your client, hence if any of the work or recommendations you make are incorrect you are liable."
The type and level of coverage required will vary from trade to trade, but some insurers offer low cost 'off the shelf' policies.
Qdos Freelancer Public and Employers' Liability Insurance (PL & EL) is tailored to provide your business with the protection required to meet your statutory obligations.
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