8
Accepted
The absence of a clear definition of self-employment, and limited access to relevant personal information...
Conclusion
The absence of a clear definition of self-employment, and limited access to relevant personal information for each contractor, can make it challenging for hiring organisations to make status determinations confidently.13 Hiring organisations can face significant financial consequences if they incorrectly assess someone as self-employed, and this risk may affect their determinations.14
Government Response Summary
The government agrees with the observation, stating HMRC has already implemented processes to reduce instances of double taxation and is actively seeking required information from client organizations. It has also established a working group to consider legislative solutions, and will notify the committee of a target implementation date once this work concludes.
Government Response
Accepted
Government Response
Accepted
HM Government
Accepted
6.1 The government agrees with the Committee’s recommendation. Target implementation date: to be confirmed 6.2 HMRC has already implemented a process to reduce the circumstances where it collects tax twice in respect of the same engagement in cases of non-compliance. Where HMRC has sufficient information to identify them, it will notify the worker and their intermediary if they are entitled to claim a repayment of taxes overpaid in relation to the specific off-payroll working engagement. 6.3 Relevant information is needed from the client organisation to enable HMRC to operate the process, as they are the party who engages the worker. HMRC is seeking the required information from client organisations at the outset of a compliance enquiry to increase the chances of obtaining the relevant data. HMRC will continue to review this process to ensure it works as effectively as possible. 6.4 The legislation does not provide for a set-off for the client or deemed employer of any income tax, NICs or corporation tax paid by the personal service company or worker. However, HMRC has already set up a working group with external stakeholders to consider whether a legislative solution can be found to allow HMRC to take account of taxes that have already been paid by workers and intermediaries, ensuring that HMRC does not tax the same income twice and that workers pay a share of the tax liability. HMRC will continue with this work. 6.5. HMRC will notify the Committee of a target implementation date for meeting this recommendation as soon as this work has concluded.
Source
Committee
Public Accounts Committee
Report
Second Report - Lessons from implementing IR35 reforms
25 May 2022
HC 60
Addressee Bodies
HM Treasury
Timeline
Recommendation age
4.2 yrs
Report published
25 May 2022