New version of IR35 checking tool released by HMRC

26 Nov 2019

HMRC has released an updated version of the Check Employment Status for Tax (CEST) tool, which is used to determine whether a contractor should be classed as self-employed in line with IR35 legislation.

In 2017, HMRC introduced new off-payroll rules to the public sector, which saw some contractors' net income cut significantly. HMRC also shifted the responsibility for compliance from the individual contractor to a public body or recruitment agency.

From 6 April 2020, new tax rules will use the 2017 changes as a starting point for the extension to medium and large organisations in the private sector.

The efficacy of the CEST tool has been criticised as being not fit for purpose as it 'fails to deliver definitive answers' in many cases. HMRC promised to improve the CEST tool before April's extension of IR35, and has consulted stakeholders to help guide the update. It has also tested the CEST tool against case law and settled cases.

Commenting on the update, Andy Chamberlain, Deputy Director of Policy at the Association of Independent Professionals and the Self-Employed, said: 'We have grave reservations about CEST. We've looked at the updated version and spoken to HMRC and we're still not satisfied it is accurate.

'It still does not test the mutuality of obligations, which is a key tenet of recent IR35 cases.'


xero quickbooks.png sage.png kashflow.png
Copyright

© 2024 Mark J Rees LLP. All rights reserved.

We use cookies on this website, you can find more information about cookies here.
Contact Us

Please call:
0116 2549018

Address
Mark J Rees LLP, Granville Hall, Granville Road, Leicester, Leicestershire LE1 7RU

Mark J Rees LLP is a Limited Liability Partnership Registered in England & Wales Number OC362074. A list of members’ names is available at the business address. MJR, Mark J Rees and MJR Wealth Management are trading styles of Mark J Rees LLP which is registered to carry on audit work in the UK by the Institute of Chartered Accountants in England and Wales and authorised and regulated by the Financial Conduct Authority.

‘Partner’ refers to a director of a corporate member.