Employed or self-employed? Tax classification of workers and the changing labour market

Judith Freedman

Published on 1 February 2001

In this report, the Committee considers the issue of tax equity between the employed and self-employed. This complex topic raises many questions, one of which relates to the way in which the tax system classifies workers. Do changing work patterns indicate the need for a new approach to classification for tax purposes? Is the case law that currently governs the area sufficiently robust and clear, especially in the light of the new burden placed upon it by the so-called IR35 legislation on personal service companies? What is the relation between classification of workers for taxation and their classification in other areas of law, particularly employment law? These are some of the issues addressed in this paper.

In this report, the Committee considers the issue of tax equity between the employed and self-employed. This complex topic raises many questions, one of which relates to the way in which the tax system classifies workers. Do changing work patterns indicate the need for a new approach to classification for tax purposes? Is the case law that currently governs the area sufficiently robust and clear, especially in the light of the new burden placed upon it by the so-called щR35' legislation on personal service companies? What is the relation between classification of workers for taxation and their classification in other areas of law, particularly employment law? These are some of the issues addressed in this paper.