IR35 status check failing to deliver results in a fifth of cases

16 Dec 2020

HMRC's enhanced version of the check employment status for tax (CEST) tool is failing to make a determination for one in five off-payroll workers, according to HMRC's statistics.

Reforms to off-payroll working regulations, known as IR35, are set to be introduced to the private sector in April next year.

The latest version of CEST was released in November 2019 following criticisms that it failed to provide adequate support to help employers and contractors determine employment status.

However, statistics for the operation of the enhanced tool over the period 25 November 2019 to 24 November 2020 show that, of 975,416 CEST uses, in 188,719 cases the outcome was 'undetermined', meaning that in 19% of cases employment status was not clear.

During the same period over half of those using the tool were judged to be outside off-payroll working rules or were classed as self-employed for tax purposes. In addition, 29% were found to be inside off-payroll working rules or employed for tax purposes.

In a statement, HMRC said: 'CEST produces a determination in the vast majority of cases and HMRC stands behind every result it gives, provided the information is accurate and it is used in accordance with our guidance.

'To reach a conclusive result in a greater proportion of cases we would need to add in more complex questions, which would add difficulty for the majority of users.

'In more finely balanced cases, CEST is expected to provide an undetermined outcome and HMRC has provided detailed guidance and dedicated support to help customers make status decisions.'

Register for our newsletter

Once a month we'll send you an email packed full of essential business news and handy tax tips to help save you money.

Register

Weston-super-Mare

34 Boulevard
Weston-super-Mare
Somerset
BS23 1NF

01934 415022


Home | Contact us | Accessibility | Disclaimer & Privacy Policy | Help | Site map |

© 2024 Four Fifty Partnership. All rights reserved.

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


Registered to carry on audit work in the UK by the Institute of Chartered Accountants in England and Wales. Details about our audit registration can be found at auditregister.org.uk under the reference C001092613.

"four fifty partnership" is a trading name of Four Fifty Partnership Limited. Registered in England. Company Number 5032008. Registered Office 34 Boulevard, Weston super Mare, Somerset BS23 1NF.

Directors: Richard Acreman BSc CTA, Joy Boswell FCCA FCA, Peter Ison BA FCA and Nick Gravell FCCA FCA.

Professional Indemnity Insurers: Nexus Underwriting Limited, 52-56 Leadenhall Street, London, EC3A 2EB (Policy Number: 44402654). The territorial coverage is worldwide excluding professional business carried out from an office in the United States of America or Canada and excludes any action for a claim brought in any court in the United States of America or Canada.