Assess whether your contract is inside or outside IR35 using HMRC's Check Employment Status for Tax (CEST) criteria. This free tool helps UK contractors and freelancers understand their tax status under the off-payroll working rules.
Answer all six questions based on your actual working practices, not just what your contract says. HMRC examines the reality of the engagement.
Consider: Can you choose your working hours? Work from home? Use your own methods? Refuse work?
This is often the decisive factor. A genuine right to substitute indicates self-employment.
Consider: Is there an expectation you'll continue working? Must the client provide work?
Consider: Do you bear cost of correcting errors? Professional indemnity insurance? Risk of non-payment?
Consider: Computer, software licenses, specialist tools, office space, phone
Consider: Do you have a company email? Attend staff meetings? Included in org chart? Staff treat you like colleague?
The table below shows the significant tax difference between inside and outside IR35 status for a contractor earning £100,000 per year (approximately £400/day for 250 working days).
| Tax Element | Outside IR35 | Inside IR35 |
|---|---|---|
| Gross Contract Value | £100,000 | £100,000 |
| Employer's NI (13.8%) | N/A (you're a business) | -£12,148 |
| Apprenticeship Levy | N/A | -£432 |
| 5% IR35 Allowance | N/A | +£4,371 |
| Deemed Salary/Salary | £12,570 (tax free) | £91,791 |
| Employee's NI | £204 | £5,238 |
| Income Tax on Salary | £0 | £27,417 |
| Corporation Tax (25%) | £21,858 | N/A (no profit left) |
| Dividend Tax | £12,200 (approx) | N/A |
| Total Take-Home | £65,738 | £54,136 |
| Effective Tax Rate | 34.3% | 45.9% |
| Annual Difference (Lost to IR35) | £11,602 | |
Understanding how IR35 evolved helps contractors navigate today's complex rules.
Labour government introduced IR35 (officially the Intermediaries Legislation) to combat "disguised employment." Contractors using PSCs bore responsibility for determining their status.
Responsibility for determining IR35 status shifted to public sector end clients. Many departments issued blanket inside IR35 determinations, causing contractor exodus from NHS, HMRC, and other bodies.
Private sector reform scheduled but delayed due to COVID-19 pandemic, giving contractors one more year to prepare.
Off-payroll working rules extended to medium and large private sector companies. Small companies remained exempt - contractors determine their own status.
Several significant cases (Atholl House, RALC Consulting) provided clearer guidance on control, substitution, and MOO tests. HMRC lost multiple high-profile cases.
HMRC and tribunals focus primarily on these three tests when determining employment status:
The most heavily weighted factor. Key questions:
Employees are typically controlled in all aspects. Genuine contractors control their methods and are judged on output, not process.
Often called the "acid test" for self-employment:
A genuine, unfettered right to substitute strongly indicates self-employment. Even if never used, the right must be real and exercisable.
Is there an ongoing employment-like relationship?
Project-based work with defined scope and end date suggests outside IR35. Rolling contracts with "ongoing" or "indefinite" terms suggest inside IR35.
If your status is ever challenged, having evidence of your working practices is crucial. Here's what to document:
Understanding key court decisions helps contractors structure compliant engagements:
Kaye Adams, TV presenter, won her appeal. The tribunal found genuine substitution rights and lack of MOO meant she was in business on her own account. Key lesson: Even regular, long-term engagements can be outside IR35 if properly structured.
IT contractor won. Tribunal emphasised that the contractor could refuse work, had genuine substitution rights, and bore financial risk. Key lesson: Actual working practices matter more than contract wording.
BBC presenter lost. Found inside IR35 due to extensive control by BBC, personal service requirement, and MOO evidenced by long-term exclusive arrangement. Key lesson: Exclusivity and client control strongly indicate employment.
Pre-IR35 but still cited. Established that you must look at the "whole picture" of the engagement. Key lesson: No single factor is decisive - tribunals weigh all circumstances together.
IR35 is UK tax legislation introduced in 2000 to combat 'disguised employment' where workers provide services through a Personal Service Company (PSC) but would be employees if engaged directly. If caught inside IR35, you pay tax like an employee (income tax + NICs) rather than taking dividends at lower tax rates. Since April 2021, medium and large private sector clients determine IR35 status and deduct tax at source if you're deemed inside IR35.
IR35 status is determined by examining the working relationship, not just the contract. Key indicators include: Control (who decides how/when/where you work), Substitution (can you send someone else), Mutuality of Obligation (ongoing work expectation), Financial Risk (do you bear business risk), Equipment (do you provide your own), and Integration (are you part of the client's organization). Being outside IR35 typically requires freedom over work methods, genuine substitution rights, no ongoing work obligation, and bearing your own business risk.
CEST (Check Employment Status for Tax) is HMRC's free online tool for determining IR35 status. While HMRC says they will stand by CEST decisions, the tool has been criticized by contractors and tax professionals for being overly simplistic, not considering case law properly, and producing 'undetermined' results in complex cases. Many contractors seek professional IR35 reviews alongside or instead of CEST, especially for high-value contracts or where status is borderline.
Public sector: Since April 2017, the end client determines IR35 status and is responsible for deducting tax for contractors caught inside IR35. Private sector: Since April 2021, medium and large private sector clients have the same responsibility. Small private sector companies (turnover under £10.2m, balance sheet under £5.1m, fewer than 50 employees - meeting 2 of 3 criteria) still leave IR35 determination to the contractor's PSC. This means working for small companies offers more control over your IR35 status.
Yes, you have the right to challenge. First, use your client's internal dispute resolution process (they must have one by law for medium/large companies). Provide evidence of your working practices that support outside IR35 status. If unsuccessful, you can appeal to HMRC, though this is time-consuming. The ultimate recourse is a tribunal, where several landmark cases like Atholl House, RALC Consulting, and Kickabout have established important precedents. Many contractors also obtain IR35 insurance to cover investigation costs and potential tax liabilities.
Inside IR35, you're taxed like an employee. The fee-payer (often an agency or client) deducts income tax at 20%/40%/45% and employee National Insurance at 8% (reduced from 12% in January 2024). Additionally, employer's NI at 13.8% is deducted from your fee. You can claim a 5% allowance for running your company, reducing the deemed payment. Overall, inside IR35 contractors typically retain 55-65% of their gross fee compared to 70-80% outside IR35, depending on income level.
Blanket assessments occur when a client determines all contractors as inside IR35 regardless of individual circumstances. While not explicitly illegal, HMRC guidance states each engagement must be assessed on its own merits. However, enforcement is weak, and many large companies use blanket assessments to avoid administrative burden and risk. Options include: negotiating individual assessments with evidence, seeking alternative clients who assess properly, using umbrella companies, or taking permanent employment.
If you're inside IR35, an umbrella company can be a sensible option as you'll be taxed as an employee anyway. Benefits include: simpler administration (no company accounts), statutory rights (holiday pay, sick pay), and potentially lower accountancy costs. However, umbrella margins eat into your rate, and you lose the 5% IR35 allowance. Keep your limited company dormant if you plan to return to outside-IR35 work. Avoid 'mini-umbrella' or loan scheme arrangements marketed as tax-saving - HMRC considers these tax avoidance schemes with serious consequences.
✓ Expert Reviewed — This calculator is reviewed by our team of financial experts and updated regularly with the latest UK tax rates and regulations. Last verified: January 2026.
Last updated: January 2026 | Verified with latest UK rates
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