Please note: this blog was written before the IR35 implementation date was delayed to April 2021, however the information contained in this blog is still relevant and helpful.
This article was written by Kingsbridge Risk Solutions, our FCA approved insurance partner.
You should all be aware by now that the private sector IR35 reforms will come in on 6th April this year – which is less than three months away. This means it’s important that you, as a PSC contractor, are doing all you can to make sure you’re on the right side of IR35. Of course, if you’re genuinely operating outside of IR35 then there’s no cause for concern, you will simply need to be able to demonstrate it when required.
Operating as a business in your own right
The key to showing that you’re legitimately working outside IR35 is to be able to demonstrate that you’re operating as a business in your own right and therefore are not an employee, disguised or otherwise.
Holding business insurance has always been a helpful indicator of being in business on your own account and therefore working outside of IR35. Insurance demonstrates clearly that you are taking on contractual risks and liabilities, as you are taking steps to protect yourself.
Setting yourself apart from employees
Having the correct insurance cover in place is a demonstrable difference between a contractor and an employee. Insurance is simply not a requirement for an employee as they would be covered by their employer’s own provisions. Therefore, the holding of insurance demonstrates a clear distinction between you and an employee.
There are also some other factors to consider. The taking on or presence of discernible financial risk is also a key indicator of working outside IR35. The fact that you, as the PSC, have had to purchase professional indemnity insurance demonstrates a financial obligation and a responsibility to protect your interests.
Ensure you have the correct cover for your needs before 6th April
As a business, we require all of our PSC contractors to have professional indemnity and public liability cover in place as standard and would certainly recommend any other PSC contractors to hold the appropriate insurance. It’s good business practice to ensure that you’re taking responsibility for your work and actions and it protects you should anything unforeseen go wrong. So, it’s a nice added bonus that it also helps indicate your IR35 status as well.
The window of time between now and the IR35 reform in the private sector is growing rapidly smaller every day, especially now we’re in 2020 and it’s happening in a few short months. Organising your cover is quick and easy, but it still makes sense to act sooner rather than later.
If you have any questions about business insurance, or you think you may not currently have the right cover in place, you can talk to our insurance partner – Kingsbridge. Either go online to https://computerfutures.kingsbridge.co.uk/or give them a call on 01242 808 740 in order to make sure you’re all set before 6th April rolls around.
This document/article is for information purposes only, and should not be seen as providing legal or tax advice. SThree and its family of brands, advises clients and contractors to seek independent legal and/or tax advice, where required.
Any questions or would like help on anything IR35 related? Then please fill out your details below and we will be in touch.