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HMRC clarifies off-payroll rules

18 Feb 2021

HMRC has published a briefing on its approach to the changes to off-payroll working rules, commonly known as IR35, which will be introduced on 6 April 2021.

Reiterating its advice from last year, HMRC has confirmed that it will not issue penalties for inaccuracies in the first 12 months of the regime, unless there is evidence of deliberate non-compliance.

HMRC also confirmed that it will not use information it receives under the expanded regime to open new compliance enquiries into returns for tax years before 2021/22, unless there is reason to suspect fraud or criminal behaviour.

The new tax rules will see the extension to medium and large organisations in the private sector. These reforms will shift the responsibility for assessing employment status to medium and large organisations employing individuals.

A spokesperson for HMRC said: 'The publication explains how we will continue to support organisations to comply with the off-payroll working rules once they take effect on 6 April 2021. It also shows what HMRC will do to identify and step in where organisations deliberately try to avoid paying what is due under the rules.

'This builds on our existing commitments to a supportive approach to help organisations comply with the new rules.'