Seb Maley, CEO of Qdos Contractor CEO as commented on the news published FInance Bill, particularly noting the need for ‘Reasonable Care’ when setting the IR35 status of public sector contractors.
“As stated in the Finance Bill, it is key that ‘reasonable care’ is taken when setting the IR35 status of public sector contractors,” he said. “Put simply, this means that public sector clients must not make general, blanket determinations and should make sure that every contractor engagement is considered independently and fairly.
“Wrongly placing contractors inside IR35 will come at a significant cost to contractors themselves, with public sector bodies and agencies suffering
too if a lack of care is taken,” Maley continued. “85 per cent of contractors plan to stop working in the public sector should they be placed inside IR35, affecting everyone in the supply chain dramatically.
“Regardless of whether public sector bodies decide contractors ‘inside’ or ‘outside’ IR35, having a clear audit trial and input of both the contractor and client in the process is vital,” he added.
Maley also echoed the serious concern over the effectiveness of HMRC’s IR35 tool expressed across the industry.