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IR35 / Off-Payroll Status — Risk Audits & Defence

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Rate:
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Publication date: 04.12.2025
Reading time: 8 minutes
Number of views: 20
Stage Term (days) Cost
  • 1
    Initial consultation & scoping
    1 £202.95

    Actions of the solicitor:

    • Conducting a structured consultation with the client to understand their contractor engagement model, organisational structure, and IR35 exposure.
    • Reviewing the nature of services provided, contractor roles, and existing off-payroll processes.
    • Identifying whether engagements may fall inside or outside IR35 based on preliminary information.
    • Advising on required documentation for a full audit and outlining the next steps, timelines and expected outcomes.
  • 2
    Contract review & written risk assessment
    3 £541.20

    Actions of the solicitor:

    • Analysing contractual terms between client, contractor, and any intermediaries.
    • Identifying clauses that increase IR35 risk (e.g., substitution limitations, excessive control, integration, or mutuality of obligation indicators).
    • Preparing a written contract risk report with recommended amendments and revised wording.
    • Advising on the compatibility of contract terms with actual working practices and HMRC expectations.
  • 3
    Working practices review & evidence verification
    5 £947.10

    Actions of the solicitor:

    • Conducting interviews with key staff (project managers, supervisors, contractors).
    • Verifying day-to-day working practices: direction, supervision, control, substitution process, deliverables, and autonomy.
    • Reviewing supporting evidence such as statements of work, emails, task management logs, performance documentation.
    • Assessing alignment between contract wording and operational reality, identifying mismatches affecting IR35 status.
  • 4
    Status Determination Statement (SDS) & full IR35 audit report
    3 £811.80

    Actions of the solicitor:

    • Preparing a legally defensible Status Determination Statement.
    • Providing clear reasoning and referencing relevant IR35 case law and HMRC guidance.
    • Drafting a comprehensive audit report summarising findings, risk level, evidence review, and remediation recommendations.
    • Advising the client on communication of SDS outcomes to contractors and agencies in line with statutory requirements.
  • 5
    Remediation of contracts & compliance process implementation
    7 £1,217.70

    Actions of the solicitor:

    • Drafting revised contract clauses or entire contract templates aligned with off-payroll compliance.
    • Developing or adjusting internal IR35 compliance processes, including role-based assessments and evidence capture guidelines.
    • Providing practical recommendations for operational changes to reduce status risk.
    • Delivering sample policies, internal guidance documents, and SDS templates.
In general
19 £3,720.75

Order IR35 / Off-Payroll Status Risk Audit & Defence Services

The UK off-payroll (IR35) policies determine whether a professional providing services via an intermediary ought to be taxed like an employee. This framework is specifically vital in the context of IR35 UK, where compliance failures can develop retrospective tax obligation liabilities, penalties, and reputational issues for end clients. As regulatory analyses evolve, staying informed-- including checking reliable IR35 news UK updates-- is essential for making accurate and defensible status decisions.

 

Why IR35 matters for your business and contractors

Misclassification can reshape the financial and operational landscape for customers, agencies, and service providers. The advancing regulative environment around UK IR35 adds further pressure to guarantee that determinations are appropriate and effectively documented. Below are the threats organisations require to take into consideration when handling off-payroll involvements:

  • Retrospective PAYE and National Insurance liabilities, including employer NICs.
  • Potential interest and penalties applied by HMRC.
  • Business disruption affecting project delivery and commercial arrangements.
  • Reputational risk, reduced contractor confidence, and compliance scrutiny.

These consequences can be mitigated through accurate status determinations, consistent documentation, and a clear audit trail of working practices. With HMRC increasingly focused on off-payroll compliance, having a defensible process in place is essential for long-term stability.

 

What a professional IR35 / Off-Payroll Risk Audit includes

A robust audit examines both contract wording and the day-to-day working reality. Many organisations still ask does IR35 apply to non UK companies, and the answer often depends on factors such as where services are performed and whether the UK off-payroll rules apply to the client. Our audit clarifies these points and provides concrete steps to ensure compliance.

Our methodology includes:

  • Contract review: clause-by-clause analysis to identify risky formulations.
  • Working practice examination to validate how services are delivered in reality.
  • Review or preparation of the Status Determination Statement with supporting evidence.
  • Risk scoring to highlight the engagements most in need of remediation.
  • Clear recommendations on contract amendments and operational changes.

This approach creates a comprehensive evidential file linking the contractual position, working arrangements, and the legal rationale behind your determinations — allowing clients to demonstrate "reasonable care" with confidence.

 

Defence, enquiries and insurance

If HMRC opens an enquiry, the strength of your defence is determined by how well your processes align with established off-payroll principles. Contractors and clients often search for guidance on topics such as contractor UK IR35, yet the real advantage lies in having documentation that fully supports your decisions. A credible defence includes clear SDS reasoning, alignment between contract and reality, and professional representation during HMRC correspondence, ADR, or tribunal proceedings. Where available, specialist IR35 insurance can further protect your organisation against the cost of investigations and legal defence.

 

Our practical process to reduce IR35 exposure

Our structured workflow is designed to help organisations manage compliance while maintaining access to high-skilled contractors. Understanding IR35 rules UK is only the starting point — consistent, evidence-based practice is what ultimately reduces exposure. Below is the process we follow:

  1. Scoping and prioritisation of engagements based on risk.
  2. Evidence gathering across contracts, communications, deliverables and interviews.
  3. Combined contractual and practical assessment to ensure alignment.
  4. Reporting that includes clear next steps for remediation and governance.
  5. Ongoing support, review cycles, and defence-ready documentation.

This enables clients to maintain operational flexibility while achieving strong compliance outcomes, particularly for sensitive or long-term engagements.

 

Additional clarity for UK-based engagements

Many clients request further explanation of what is inside IR35 UK classifications and how this affects project delivery. In our advisory process, we break down the factors HMRC considers most significant — such as control, substitution, mutuality of obligation, and integration — and show you how to evidence each one. This ensures your teams understand the practical reasoning behind determinations and can apply consistent logic across new engagements.

 

 

Conclusion

Our IR35 audit and defence service provides end-to-end support designed to reduce exposure, protect commercial continuity, and deliver reliable documentation. Organisations looking into how to avoid IR35 in UK often discover that the most effective mitigation lies not in avoidance, but in structured compliance supported by precise contractual drafting and operational clarity. With our guidance and ongoing support, you receive a defensible IR35 process that is aligned with HMRC expectations and suitable for long-term contractor engagement strategies.

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