3 ms·
So there are 2 issues with this. The first is that the contractor isn't evading any tax, maybe the client are, but then you should go after the client right? N
by LatteLazy 5y ago
So there are 2 issues with this.
The first is that the contractor isn't evading any tax, maybe the client are, but then you should go after the client right? Not just hit the contractor even harder...
The second is whether you should include NI in you calculations. My default might be yes, but given contractors (and clients) get none of the benefits of paying NI (no state pension, no sick pay, no covid payments!), is that actually fair?
I personally think the issue here is that we've decided to tax payments from capital (dividends etc) at a much lower rate than those from labour.
But it's actually not trivial to decide whether a payment is from labour or capital. So now we're trying to "equalise" them to make it fair between employees and contractors. But unless we're prepared to equalise all other treatment of contractors (make us permanent, give us maternity leave, covid payments etc) we're not actually making anything fair.
I don't actually want to be an employee. But if we're making that illegal, that's that, but then I'm owed 101 benefits and ir35 is strangely silent on those...
- youngtaff 5y agoWe do get the benefits of paying NI - SSP, state pension etc. (even without paying NI if the salary level is chosen appropriately) In the case of contractors are dividends really payment from capital (accounting wise yet, reality no because most take an unrealistic salary) The dividend tax essentially compensates for the loss of Employees NI (but not employers) I'd like to see income tax and NI merged, so unearned income (e.g. buy to let rent) and earned income are treated the same way. No-one's making freelancing illegal, it's possible to freelance outside IR35, you just need to make sure you're not behaving like an employee (and yes that depends on the clients you work for too)