Working inside IR35

1. My contract is in the Public Sector
2. My contract is generic or not applicable to my specific engagement
3. The client has previously failed an IR35 ruling
4. The client has the right to tell me how to do my work
5. The client has the right to tell me where to do my work
6. The client has the right to prioritise my workload or assign me to certain tasks
7. I will be working alongside permanent employees doing the same job
8. I have the same skillset as other permanent employees in the organisation
9. I am required to complete the work myself
10. The client must provide me with a certain amount of work
11. I am required to complete work I am given outside the assigned scope of the project
12. I must use the client’s equipment, software and/or hardware
13. I am on a fixed hourly, daily or weekly rate
14. I have a fixed number of hours or days that I must work
15. Staff in the organisation will report to me
16. I will be given an office
17. I will be given business cards
18. I will be on the client’s internal telephone list

Your score:

0 – You are in the clear! There is nothing to suggest you are Inside IR35.

1-6 – There is some risk of being caught within IR35. Seek the advice of your accountant.

7-12 – You are likely to be within IR35. Seek the advice of a your accountant before proceeding.

13+ – Within IR35. Ask your accountant how this effects you.

This is not a substitute for professional advice. If you are in any doubt, seek the advice of your accountant or a professional IR35 adviser. If you have any questions about your own IR35 status, or for advice on whether a contract may fall inside or outside IR35, please call us on 01442 795 100 or email sophie.lewis@dolanaccountancy.com.