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Firms will be required to apply the off-payroll rules to their contractors, once they exceed two of the three thresholds used to define a small business in the Companies Act 2006.
These are:

  • Annual turnover of up to £10.2m
  • Balance sheet total of up to £5.1m
  • Average number of employees of up to 50

If the end client (off-payroll definition) does not meet two of the above 3 criteria, the old rules still apply and the contractor will be responsible for determining their own status and paying any additional taxes and NI contributions where required.

Contractors trading via a UK-based limited company and who are UK resident will find IR35 applies wherever in the world they are working.

If a client is based overseas, but has a connection in the UK - i.e. a branch, office or subsidiary - the new off-payroll rules will apply.

If the client doesn't have a connection to the UK, or if the client is not a medium or large business, the old rules will apply and it will be the responsibility of the individual’s limited company to determine IR35 status and to pay any additional taxes and NI contributions where required.

More information about the changes to the legislation can be found here: https://www.gov.uk/guidance/april-2020-changes-to-off-payroll-working-for-clients

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