IR35 2023 - A Crucial Update
Missing out on a highly skilled and flexible workforce due to confusion over IR35 compliance?
Time: 09:30 - 13:00
Cost per attendee: £250 + VAT
- Thursday, 21st September
(If you can't attend the live event, we can send a link post event to watch the recording. Cost: £195+VAT - please contact registrations@bfi.co.uk)
NEW! A comprehensive guide to IR35 for all employers
Almost two years on, IR35 is still provoking confusion and misunderstanding. Headlines proclaiming exorbitant fines are making employers nervous about tapping into this recruitment stream, even despite the huge staffing shortages the country is facing. Yet this highly skilled flexible workforce could be the answer to many recruitment challenges. Here’s a plain English guide to getting it right and accessing a great new talent stream.
- 83% of contractors are currently outside IR35, a rise from last year’s 77% - can you afford to ignore this talented pipeline?
- There are liability and reputational implications if you get this wrong – learn exactly what you need to consider and how to get it right
- As 72% of contractors refuse to consider an inside IR35 role, you may be missing out on hiring valuable flexible tale
Key areas of focus:
- IR35 off-payroll working rules - what a resolution could mean for employers
- A guide to sourcing contractors
- An update on CEST
- An update on umbrella companies
- Case studies and lessons learnt
- An idiot guide to TAX and NIC
- Robust IR35 assessments
- Open panel and debate
Delegate feedback
“Excellent speakers”
“Comprehensive and useful information presented throughout the day”
“Some great presenters who were very knowledgeable and engaging”
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Prefer to run this course In-house?
We offer this course as a face to face or online in-house training option, if this would be more suitable, please email catherine.ouston@bfi.co.uk
Which functions will benefit from attending
- HR, RECRUITMENT AND RESOURCING, TEMPORARY & AGENCY RESOURCING, LEGAL, TRAINING, COMPLIANCE AND AUDIT, ADMINISTRATION, STRATEGY, POLICY, OPERATIONS, LINE MANAGERS AND ALL DIRECTORS AND STAFF WITH RESPONSIBILITIES WITHIN THIS AREA
Hear from
Schedule
Introduction
Elizabeth Smith
Director of Research , Business Forums International Ltd. (BFI)
Elizabeth is director of research and a founding co-director at Business Forums International. She is responsible for all programme content and writing, and researches current areas of interest for senior HR professionals in large organisations. BFI is the UK’s leading HR risk specialist conference and training provider, delivering key and timely information to over 3,000 delegates a year both through public and in-house training courses. Before founding BFI in 1996, Elizabeth specialised in researching corporate financial programmes in Asia and the Middle East, based in Dubai. She also worked in advertising and publishing in the Middle East and London. Elizabeth was educated in the West Indies, Saudi Arabia and Belgium before reading Modern Languages at Durham University. She is currently developing an online training course for line managers to raise awareness of menopause symptoms and ways that employers can work to make their workplaces more inclusive.
Recruitment opportunities you are missing: A plain English guide to sourcing contractors
Colin Morley
Director , Hays Technology
Colin has 24 years of experience of delivering workforce solutions across the UK, Ireland, Europe and America. Colin has architected and delivered scalable services and products to private, non-for-profit and public sector organisations from delivery functions onshore, nearshore and offshore. Colin has a particular specialism in contingent workforce legislation and helping his clients to procure more sophisticated outcome based solutions.
- What are the new implications for employers and recruiters?
- Adopting blanket bans
- Advertising roles: what you should and shouldn’t do to ensure your recruitment process is legal and compliant
- Statement of work and resource augmentation: clarifying the outsourcing process
- Q&A
Umbrella companies update and clarification
Julia Kermode
Founder , IWORK.
Julia Kermode, Contingent Workforce Expert, IWORK Julia is a contingent workforce expert on a mission to safeguard workers, empower them and ensure they are treated fairly. She has spent the last decade deeply ensconced within the world of contingent work, tax legislation, employment rights, worker rights, umbrellas and the wider recruitment sector. It's niche, and she loves this space! Julia is founder of IWORK (www.iwork.co.uk), which exists to prevent contingent workers being exploited through being unaware of tax regulations and other relevant legislation. IWORK helps to expose dubious practices that mistreat or profiteer from contingent workers, such as holiday pay retention (immoral but not illegal), payroll skimming, bribery and corruption. Julia actively champions contingent working, and lobbies the government for fair legislation on issues such as tax avoidance, disguised remuneration, loan charge, employment status, IR35/off-payroll and the gig economy. Prior to IWORK, Julia spent 7 years as CEO of FCSA, a compliance accreditation body for accountants and umbrella companies. Here she led unprecedented growth, successfully transforming the organisation from obscurity to being the ubiquitous go-to compliance requirement for the supply of temporary workers. Julia also spearheaded FCSA’s influence within the government, and raised standards within the often-misunderstood umbrella sector. Julia is very well-respected in the contracting industry, passionate and good at what she does. She is also a contractor herself, providing consultancy services to advise and support businesses in how they engage contingent workers.
- Recent Government proposed legislation: demystifying and what opportunities will open up?
- Defining an umbrella company
- Understanding proper due diligence and compliance: your duties explained
- Transfer of debt up the supply chain
- Regulation and tax non-compliance
- Q&A
Comfort break
Getting it wrong: Recent case studies and lessons learned
Andy Chamberlain
Director of Policy , IPSE
Andy is responsible for IPSE’s policy work and has a special interest in labour market changes, employment status, IR35, Making Tax Digital and fair commercial terms for the self-employed. In 2015 he led IPSE’s successful campaign against proposals to restrict travel and subsistence tax relief for incorporated entities. Andy worked with EY to develop IPSE’s concept for a new corporate form – the Freelancer Limited Company – which would deliver clarity of legal and tax status for the smallest businesses, while also protecting revenue for the Exchequer. Since the onset of the coronavirus pandemic Andy has campaigned for financial support for the self-employed. IPSE was instrumental in setting up the Self-Employed Income Support Scheme (SEISS) and then went on to lobby for the inclusion of all self-employed in that scheme. In March 2021 the scheme was extended to include a further 600,000 individuals that were previously ineligible. More recently Andy led IPSE’s campaign against the off-payroll working (IR35) changes in the private sector. Although the changes did come in 2021, IPSE was able to delay the legislation and secure an exemption for small end-clients. IPSE is the largest association of independent professionals in Europe, representing over 16,000 freelancers, contractors and consultants from every sector of the economy. It’s a not-for-profit organisation, owned and run by its members.
- Understanding and mitigating risks: tax and NIC issues
- Reputational damage and negative PR
- What can we learn from recent high profile and less well-known cases?
- Q&A
Tax and NIC: An idiot’s guide to June 2023 offsetting proposals
Michael Nicolaides
Head of Employment Taxes & Benefits , Deloitte LLP
Michael is a Tax Partner and leads Deloitte’s UK Global Employment Taxes Practice which is the largest of its kind in the UK. He has specialised in Employment Taxes since 2005 and has significant experience advising clients on various employment taxes matters, covering both the domestic and global employment tax compliance and employment cost reduction arenas. Michael has deep experience in advising clients on benefits, governance and controls, employment status/off-payroll workers, compliance processes, remediation, the UK Construction Industry Scheme and on global employment tax matters. Michael also often oversees clearance applications, disclosures and undertakes negotiations with tax authorities on behalf of clients. Michael has been advising a number of clients on the mobility and reward tax considerations of employee movements resulting from Brexit. Latterly, Michael has been engaged on a number of large IR35/employment status projects, supporting businesses to: identify impacted workers; consider/design off-payroll workforce strategy and policies; review contracts with intermediaries/PSCs/umbrellas and labour providers to ensure terms reflect organisational requirements/strategy and afford appropriate commercial protections; review, advise and support implementation of robust processes, including designing internal audit review procedures; undertaking/supporting with status assessments and status appeals, including implementation of Deloitte’s contingent worker workflow/status tool; assisting with employment status disputes/enquiries with HMRC and negotiating settlements/agreements. Michael is a Fellow of the Institute of Chartered Accountants in England and Wales (ICAEW) and also sits on the Employment Taxes and NIC sub-committee of the ICAEW’s Tax Faculty.
- The offsetting proposals explained
- Sharing tax liability
- Implications for employers
- Key issues you must consider: a checklist
Comfort break
Robust IR35 Assessments
Dave Chaplin
CEO , IR35 Shield
Dave Chaplin is the CEO of tax compliance firm IR35 Shield which enables firms, agencies and contractors to remain compliant with the Intermediaries Legislation (IR35) and Off-payroll legislation. Dave is the author of the Contractors’ Handbook Third Edition and more recently IR35 & Off-Payroll – explained. He assists with IR35 tax tribunals, has consulted on many occasions for HMRC, advises politicians and Government bodies on freelance tax matters, and is prolifically quoted in the trade and national press. In November 2020, Dave was included in the Staffing Industry Analysts (SIA)’ list of Europe’s 100 most influential leaders in the staffing industry.
- CEST: A potted history | Shortcomings explained
- What does good due-diligence look like?
- Being investigated by HMRC - what are unsafe determinations?
- Current and emerging status case law
Open panel and debate
Colin Morley
Director , Hays Technology
Colin has 24 years of experience of delivering workforce solutions across the UK, Ireland, Europe and America. Colin has architected and delivered scalable services and products to private, non-for-profit and public sector organisations from delivery functions onshore, nearshore and offshore. Colin has a particular specialism in contingent workforce legislation and helping his clients to procure more sophisticated outcome based solutions.
Dave Chaplin
CEO , IR35 Shield
Dave Chaplin is the CEO of tax compliance firm IR35 Shield which enables firms, agencies and contractors to remain compliant with the Intermediaries Legislation (IR35) and Off-payroll legislation. Dave is the author of the Contractors’ Handbook Third Edition and more recently IR35 & Off-Payroll – explained. He assists with IR35 tax tribunals, has consulted on many occasions for HMRC, advises politicians and Government bodies on freelance tax matters, and is prolifically quoted in the trade and national press. In November 2020, Dave was included in the Staffing Industry Analysts (SIA)’ list of Europe’s 100 most influential leaders in the staffing industry.
Julia Kermode
Founder , IWORK.
Julia Kermode, Contingent Workforce Expert, IWORK Julia is a contingent workforce expert on a mission to safeguard workers, empower them and ensure they are treated fairly. She has spent the last decade deeply ensconced within the world of contingent work, tax legislation, employment rights, worker rights, umbrellas and the wider recruitment sector. It's niche, and she loves this space! Julia is founder of IWORK (www.iwork.co.uk), which exists to prevent contingent workers being exploited through being unaware of tax regulations and other relevant legislation. IWORK helps to expose dubious practices that mistreat or profiteer from contingent workers, such as holiday pay retention (immoral but not illegal), payroll skimming, bribery and corruption. Julia actively champions contingent working, and lobbies the government for fair legislation on issues such as tax avoidance, disguised remuneration, loan charge, employment status, IR35/off-payroll and the gig economy. Prior to IWORK, Julia spent 7 years as CEO of FCSA, a compliance accreditation body for accountants and umbrella companies. Here she led unprecedented growth, successfully transforming the organisation from obscurity to being the ubiquitous go-to compliance requirement for the supply of temporary workers. Julia also spearheaded FCSA’s influence within the government, and raised standards within the often-misunderstood umbrella sector. Julia is very well-respected in the contracting industry, passionate and good at what she does. She is also a contractor herself, providing consultancy services to advise and support businesses in how they engage contingent workers.
Delegates are invited to put questions and concerns to our expert panel.