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IR35 sets who pays tax on a contract.

Get it wrong, and the liability lands on you.

The UK rule that decides whether a contractor is taxed as employed or self-employed, and which party in the chain is liable if that call gets made incorrectly.

recruiter-lexikon / ir35
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IR35
IR35
Defined
Definition

UK tax legislation that decides whether a contractor working through their own limited company is taxed as employed ("inside IR35") or genuinely self-employed ("outside IR35") on a given engagement.

At a glance
Term IR35 (Off-Payroll Working rules)
Used for Determining a UK contractor's tax status on an engagement
In boilr Tracked in terms of business and job orders, never assumed
b
boilr turns this term into a task
Defined here · operationalised by your AI employee

IR35, explained for the desk.

What it is, why it matters, and how your AI employee runs it.

What it is

IR35 is the shorthand recruiters and contractors use for the UK's intermediaries legislation, tax rules that target 'disguised employment': a worker who operates through their own limited company (a personal service company, or PSC) but works in a way that looks, in practice, like an employee of the end client. If HMRC would view the relationship as employment were the intermediary stripped away, the engagement is 'inside IR35' and taxed accordingly. If the contractor genuinely operates with the control, substitution rights and financial risk of an independent business, it is 'outside IR35'.

Since April 2017 for public sector clients and April 2021 for medium and large private sector clients, the Off-Payroll Working rules moved responsibility for making that call from the contractor's own company to the end client. The client must issue a Status Determination Statement (SDS) for each engagement, stating the outcome and the reasoning, and pass it down the supply chain. Small private sector clients, those below a size threshold on turnover, balance sheet and employee count, are exempt, so a contractor working for a genuinely small client still self-assesses their own status.

IR35 status is decided once, by the client, but the liability for getting it wrong can land on whoever pays the invoice.

Why it matters

For a recruitment agency, IR35 status is not an academic tax question, it changes who is on the hook. Where an agency sits between the client and the contractor and pays the contractor's company directly, the agency is usually the 'fee-payer'. If the role is inside IR35, the fee-payer deducts PAYE income tax and National Insurance before the contractor is paid, and carries the liability if the SDS was never passed on or the deductions were handled incorrectly. Getting this wrong is not a paperwork slip, it is a direct financial exposure for the agency.

It also changes the commercial conversation before a role is even filled. An inside-IR35 day rate has to absorb PAYE tax, employee and employer National Insurance and the Apprenticeship Levy, so it needs to be structured differently from an outside-IR35 rate to deliver a comparable return to the contractor. Umbrella companies complicate this further: they employ the contractor directly and run PAYE regardless of the underlying determination, and from April 2026 agencies carry joint liability for PAYE if an umbrella company they've placed a worker with fails to account for it correctly. None of this is optional detail on a contract desk, it sits inside terms of business and the job order from the first conversation.

How boilr handles it

boilr does not make IR35 determinations, that judgement sits with the end client and, where relevant, the agency's own compliance process. What it does is stop the commercial facts from getting lost between the first conversation and the placement. When a job order is contract or interim, boilr keeps IR35 status, fee-payer arrangements and umbrella or PAYE routing attached to the mandate inside terms of business, so a consultant working the role six weeks later is working from the same facts as the one who opened it.

That knowledge sits in the Company Brain rather than in one consultant's inbox, so if a client has a settled position, most roles inside IR35, or a preference for a particular umbrella panel, it survives a desk change instead of being rediscovered on every new vacancy. Contract mandates stay visible in the BD pipeline alongside permanent roles, so a desk running both doesn't need a separate spreadsheet to track which is which.

Questions, answered.

Everything a working consultant asks about ir35, and how boilr puts it to work.

Who decides whether a role is inside or outside IR35?

For public sector clients since April 2017 and medium or large private sector clients since April 2021, the end client makes the determination and must issue a Status Determination Statement (SDS). Small private sector clients, those that meet the size test, are exempt, so the contractor's own limited company decides status instead.

What does 'fee-payer' mean and why does it matter to my agency?

The fee-payer is whoever pays the contractor's intermediary directly, which is usually the recruitment agency when a contractor is sourced through one. If the role is inside IR35, the fee-payer is responsible for deducting PAYE income tax and National Insurance before paying the contractor, and carries the liability if that's done incorrectly.

How does IR35 status affect how I price a contract role?

An inside-IR35 rate has PAYE tax, employee and employer National Insurance and the Apprenticeship Levy taken out before the contractor sees it, so the day rate needs to be higher than an equivalent outside-IR35 rate to deliver comparable take-home pay. Getting this wrong at the terms-of-business stage is a common reason contract roles fall through late.

Do umbrella companies get around IR35?

No, an umbrella company simply employs the contractor directly and runs PAYE on their behalf, so umbrella workers are effectively always taxed as employed regardless of the underlying IR35 determination. From April 2026, agencies (or the end client if there's no agency in the chain) carry joint liability for PAYE if the umbrella company they've placed a worker with fails to account for it correctly, which makes due diligence on umbrella partners a live commercial issue, not just a compliance footnote.

How does boilr use IR35 in practice?

boilr doesn't make IR35 determinations, that's a legal judgement for the client and, where relevant, the agency's own compliance process, but it keeps the commercial facts attached to the mandate. Job orders and terms of business record whether a contract role is inside or outside IR35 and who the fee-payer is, and the Company Brain retains that knowledge against the client so it doesn't have to be re-established every time a new vacancy opens.

Helen Wright
Boilr gave us the BD structure and follow-up support to sign our first client and secure a job brief in under a month.
Helen Wright
Managing Director, 923 Jobs

Keep contract terms straight. Let boilr track the rest.

boilr keeps IR35 status, fee-payer terms and contract mandates visible across your pipeline, in the Company Brain, for every consultant. One AI sales employee per consultant, working from the same facts every time.