Answer questions about your contract and working practices to get an indication of whether your engagement is likely inside or outside IR35. This tool covers the three key IR35 tests used by HMRC and the courts.
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IR35 (also known as the off-payroll working rules) is tax legislation designed to ensure that contractors who work like employees pay broadly the same tax as employees. It applies when a contractor provides services through an intermediary — typically a personal service company (PSC) — but would be considered an employee if they worked directly for the client.
IR35 status is determined primarily by three tests established in case law:
Since April 2021 (and April 2017 for the public sector), medium and large private sector clients are responsible for determining the IR35 status of their contractors. For small companies (two of: turnover under £10.2m, balance sheet under £5.1m, fewer than 50 employees) the contractor's own PSC is still responsible for the determination.
If your engagement is inside IR35 you pay income tax and National Insurance as if you were an employee — but without employee benefits such as holiday pay, sick pay or pension contributions. This significantly increases your tax bill and is often referred to as the IR35 penalty.
HMRC provides its own Check Employment Status for Tax (CEST) tool at gov.uk. HMRC will stand by the result of CEST if the information entered is accurate and the tool is used correctly. However many tax professionals consider CEST to be unreliable in borderline cases.