IR35

IR35 (also known as the off-payroll working rules) affects whether contractors are treated as employees for tax purposes. If it applies, PAYE and National Insurance must be deducted. Getting it wrong can mean tax penalties, reputational damage, and employment disputes. We help you stay on the right side of the rules.

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Grey image placeholder with image icon centralised

Status Determination Statements (SDSs)

We prepare defensible SDSs tailored to each contractor, using HMRC’s CEST tool, current case law and sector-specific guidance. We clearly document the reasoning and employment risks.

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Consultancy agreements and statements of work

We draft and refine consultancy agreements, SoWs and schedules to reflect genuine self-employment, workable substitution, clear deliverables, compliant payment terms, and proportionate indemnities.

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Contractor reviews and risk assessments

The audit of current arrangements, substitution and mutuality factors, highlights any IR35 exposure and provides practical next steps to reduce risk.

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Off‑payroll policies

We advise on off‑payroll policies, workflows, clarifying roles, sign‑offs, evidence retention, monitoring, and escalation routes.

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Challenges, tribunals, and contract disputes

We respond to SDS challenges, defend or pursue employment status claims, and manage related breach‑of‑contract disputes and settlement discussions.

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Questions we’re often asked

What is IR35?

A set of tax rules that decide if a contractor should be taxed as an employee via PAYE and NICs.

What is an SDS?

A written status determination statement explaining the IR35 decision and supporting reasons.

Does HMRC’s CEST tool guarantee compliance?

No. It helps, but robust evidence, contracts and governance remain essential.

What happens if IR35 is wrongly assessed?

The fee-payer could owe tax, NICs, interest and penalties. There may also be reputational or legal fallout.

Can contractors challenge an SDS?

Yes. If they do, you must review the challenge and respond with your reasons.

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Euan Lawrence was fantastic; he was efficient, understanding, and very clear in his communication on points of law. He actively listened and gave brilliant professional advice. The administrative team that supported and worked with him was equally helpful and efficient.
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Trusted by organisations, families and professionals across the UK
Euan made himself available and kept me informed of timelines and progress. I was not rushed or interrupted.
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Trusted by organisations, families and professionals across the UK
The key thing for me was the empathy and emotional intelligence that Euan Lawrence demonstrated. He was patient, actively listened, and explained points of law to me in a simple yet not condescending manner. I was referred to him by another colleague who had gone through the same process.
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Excellent real-world and experienced knowledge, very clear communication, and transparent billing.
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Trusted by organisations, families and professionals across the UK
Euan Lawrence is expert in the field of employment law.
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I feel the approach from all the staff at Blacks has been first class. David Ward has carefully guided me through the process and often picks up the phone for a chat to offer advice on things to do and things to avoid.
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A very friendly and approachable law firm. All the way through, the whole team at Blacks has been extremely supportive, providing excellent advice and support.
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The team has a wide range of knowledge and skills. My case required senior partners to apprentice-level support. Everyone I met and had contact with was kind, professional, and personable. It felt amazing to have such an awesome team in my corner, showing support and wishing me luck with my case.
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Paul Kelly is knowledgeable, action-focused, and has taken the time to learn about us and our sector. He is a great sounding board.
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Trusted by organisations, families and professionals across the UK
I find the team to be really responsive and helpful, providing excellent advice and support at all times. Nothing has been too much trouble, and we have really valued their support.
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