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"Off payroll working in the public sector" legislation
On 6th April 2017, the ‘Off-payroll working in the public sector’ legislation came into force. This legislation focuses on Personal Service Companies working in the public sector and considers the liability and responsibility for determining whether an interim or consultant should be considered on or off-payroll for tax purposes.
The obligation to check the tax status of a PSC operating within the public sector falls on our clients.
NHS Improvement took the unusual steps to apply the legislation as a blanket approach to all individuals working through their Personal Services Company within the NHS. This guidance has now been revised and we have enclosed a link to the newly published guidance from NHS improvement which details the application of the IR35 rules which now states that NHS organsiations may contract with individuals who operate through the use of personal service companies.
We continue to work with NHS organisations to support them in the appointment of executive interims.