Businesses could receive communication from HMRC at any time, this may come as a surprise, even for those that have a well-established IR35 strategy in place.
Below is an example of a letter hirers have received from HMRC in October 2021, asking for them to detail their current processes and procedures. With the concern of failing a HMRC investigation being at an all-time high, we have seen an increase in businesses wanting to learn more about IR35 investigations, so they can ensure they are truly prepared.
As an SRA regulated law firm with legal professionals who specialise in IR35, we are able to work with you to ensure you understand how HMRC go about an IR35 investigation and help you prepare if ever challenged.
Our mock investigation will be overseen by our solicitors who will break down the process and go over each stage. They will provide an overview of the session and learning outcomes, including an explanation of any pre-investigation administration the hirer would be expected to complete/data to gather and give to HMRC. We will play the investigator and will require client roles including a spokesperson to discuss your IR35 processes and a hiring manager to pick a contractor to discuss and then partake as the hiring manager in the session; we will also play the role of the contractor. We will discuss your processes to establish if reasonable care has been met and then assess the IR35 status of the chosen role by asking the hiring manager questions about the engagement. You should provide us with a copy of the SDS and contract governing the engagement. We will conclude by identifying any gaps or any areas of improvement.
Led by our senior solicitors.
We will set up a mock HMRC investigation to give you a better understanding of the process.
Provide an overview of sessions and learning outcomes, including an explanation of any pre-investigation administration.
Discuss processes to establish if reasonable care is met and then assess IR35 status of the role.
We will identify gaps or any areas of improvement.
All services are provided by an SRA regulated law firm and advice is protected by client legal privilege and professional indemnity insurance.
Find out more about our complete suite of services for End Hirers, along with further information to help you understand the implications of IR35 with our downloadable guides.
Brookson Legal Services is an SRA regulated law firm that focuses on IR35
Experience
We have been advising on IR35 since its introduction in April 2000 and we have team members who have sat on HMRC’s IR35 Forum. We are often instructed to act for clients who are subject to an IR35 enquiry by HMRC.
Extensive Team
Our team of experts are the only SRA regulated law firm in the UK focusing on IR35 compliance.
Measurable Solutions
We are experts in applying and presenting the law in a way that’s accessible and understandable and we will help you put processes and policies in place to manage your IR35 obligations, with the minimum impact upon “business as usual”.
Accessibility
Our team of legal experts are on hand to support you with all your IR35 compliance needs and are always a call or email away. We regularly carry out introductory consultations, work force audits, face-to-face presentations, workshops and webinars.