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If you intend to borrow from your company, can you avoid the tax charge?
HMRC will refer to you as the worker if you are the person actually doing the job, your company or partnership that bills for the work you do is an intermediary and the business etc that you are working for is the client. From the 6th April, the client must decide if the new regime applies to them.
If it does they must review the terms and conditions on which you provide your services and decide whether if you worked direct rather than through your company you would be an employee instead of a freelance contractor
If the client decides you would be an employee, it will need to deduct tax and national insurance for all future payments it makes to your company. It must inform you of this decision, but it doesn’t have to until it pays you, this may mean the first you know if this is when you are paid less than you billed the client
Tip
Ask your client to review the contract well before that date, HMRC has a check employment status for tax (CEST) online tool. Beware however this is being overhauled as the current version can produce the wrong answer. You can challenge your client’s assessment and it has 45 days to explain how it arrived at its decision
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