IR35 changes for public sector contractors

New legislation has changed the IR35 rules for contractors. The new rules apply to any payments made on or after 6th April 2017, including payments made for contracts entered into before this date.


Who is affected by this change?

Individuals working in the public sector who work through intermediaries, such as personal service companies, are no longer subject to IR35 rules. This includes:

  • Public authorities hiring off-payroll contractors
  • Public sector managers – tax, payroll, human resources and procurement
  • Agencies who supply contractors to the public sector
  • Contractors providing services to a public authority through an intermediary.

Who decides whether work falls within IR35?

Previously, intermediaries were responsible for calculating and paying the contractor’s income tax and NI owed to HMRC. Now public sector organisations or agencies paying off-payroll workers are responsible for deciding whether the work falls within IR35. They must deduct income tax and national insurance (NI) if they deem the worker an employee within IR35.

What impact will this have on contractors?

Contractors working with any of the following public sector organisations will no longer have their IR35 status determined by their intermediary:

  • Government departments
  • Police and fire authorities
  • Local authorities
  • Educational institutions including universities
  • The BBC and Channel 4

The NHS was previously included in this list with “all locum, agency and bank staff” falling under the new tax rules. However, in response to complaints by doctors, the regulator has told health trusts to examine each case on an individual basis before deciding whether agency workers are covered by the new IR35 rules.

If you’re not sure how this change will affect you, contact NWNBluesquared for advice.

Contact Us

Please click here to contact us


or call 020 8550 3131


Topics Squared

Further reading

Retirement Planning - an Unexpectedly Simple Guide

It's never too early to start planning your retirement and never to late to be saving

Read more

Making Tax Digital - an Unexpectedly Simple Guide

The government has now announced its revised Making Tax Digital timetable

Read more

HMRC revises Making Tax Digital timetable

The Government has had a re-think about its plans to introduce the Making Tax Digital programme, giving businesses more time to plan for online tax reporting

Read more

Salary V. Dividends - An Unexpectedly Simple Guide

What combination of salary and dividend is the most tax efficient for 2017/18?

Read more
The information in this site is of a general nature and is not a substitute for professional advice. You are recommended to obtain specific professional advice before you take any action. All Rights Reserved.