Can my Status Determination Statement still be used?

IR35, Off Payroll Reform

The Value of a Status Determination Statement

The reform of IR35 in the private sector will now take place on 6th April 2021. It will see medium
and large businesses become responsible for administering the IR35 rules, while the fee-paying
party will be transferred the liability.

In preparation for the original introduction date of IR35 reform (6th April 2020), many hiring
organisations had issued contractors with ‘Status Determination Statements’ (SDS), which is a
required document that explains the reasons for a particular status assessment.

While reform to the off-payroll working rules has been delayed by 12 months, the SDS’s already
issued to contractors may still prove valuable for hiring organisations when the changes are
enforced next year.

Meanwhile, for contractors who have received an SDS from their end-client, it could be vital
evidence in an IR35 inquiry while the worker retains the responsibility and carries the IR35 risk.

What are the SDS requirements?

The need for a hiring organisation to provide a contractor with an SDS was to be introduced as
part of the reform this April. Despite the delay, hiring organisations will still need to issue them
next year when the changes are enforced. Until an SDS has been provided by the hiring
organisation, they will be considered the fee-payer and therefore liable for any taxes due.

An SDS could be in the form of a document or an email, but it should be in writing and must
provide both of the following:

1. The status decision made by the hiring organisation
2. The reasons behind the decision

The hiring organisation must provide this statement to both the contractor and the next party in
the supply chain which, in most cases, is the recruitment agency that will likely be the fee-payer.
It is worth noting that in longer supply chains, this might not be the case. In this scenario, it will
be the next party that carries the responsibility to pass the SDS up the chain until it reaches the
fee-payer.

Can an SDS still be used?

Hiring organisations are asking if an already supplied SDS will still have any value on 6th April
2021, while contractors who have received one want to know if it can be used to strengthen
their IR35 position in the next 12 months.

For Hiring Organisations

If a contractor who has been issued with an SDS is still engaged with the same contractual
terms when IR35 reform is enforced then it may mean there is no need to provide a new one.
Given the unforeseen circumstances surrounding the delay to the changes, Qdos will not
charge a fee for reassessing contractors who are still engaged when the reform is introduced
next year.

However, while the written contract may stay the same and remain in place, there is a possibility
that the working practices between a hiring organisation and a contractor have changed over
time. Therefore, Qdos will conduct a reassessment free of charge to ensure that the original
IR35 assessment is accurate and the SDS is compliant.

For contractors

For contractors who have recently received an SDS from their client, this document could still be used as evidence that IR35 status has been set with ‘reasonable care’. For this to be the case,
we must stress the importance of ensuring that a well-informed status assessment was made
originally by the hiring organisation. If, for example, HMRC’s IR35 tool, CEST, was used to
determine status, an independent IR35 status review is advised.

Download our SDS template

To help organisations with this requirement, we have developed an SDS template, which can be
downloaded here.

How can Qdos help?

Qdos has a wealth of experience in supporting and protecting contractors, recruitment agencies
and hiring organisations with regards to IR35. Our IR35 specialists are uniquely placed to assist
with a range of vital services that ensure compliance, minimise risk and offer peace of mind.

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