If you work through your own limited company, answer seven questions for an indicative view of whether IR35 applies to a contract, and find out who decides.
Answer all 7 questions to see an indicative result (0 of 7 done).
How IR35 works
IR35, the off-payroll working rules, applies when you'd be an employee of your client if you worked for them directly. If it applies, tax and National Insurance are due on your fees as if they were a salary.
Who decides depends on the client. Since April 2021, medium and large private and voluntary sector clients decide and must give you a Status Determination Statement, as public sector bodies have since April 2017. If your client is small, your own company decides.
The main tests are substitution (whether you could send someone else), control (over how, when, where and what you work on), mutuality of obligation, financial risk, and whether you're part and parcel of the client's organisation. No single test decides it: the whole picture, in the contract and in practice, does.
This check is indicative only. It is not a status determination, and HMRC won't rely on it. Use HMRC's Check Employment Status for Tax tool for a view HMRC will stand by.