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IR35 costs UK Research and Innovation £36M – the same it spent funding tech projects

(2023/05/26)


UK Research and Innovation (UKRI) has been hit with a £36 million ($44.5 million) bill after miscalculating tax it owed on the country's controversial off-payroll working setup, IR35.

The figure – roughly the same as what the body spends helping organizations move tech from discovery to production – resulted from a review of the IR35 status of Monitoring & Assessment Officers.

These officers "should have been considered to be inside the scope of IR35 regulations, and thus subject to income tax and national insurance contributions," according to the non-departmental public body sponsored by the Department for Science, Innovation and Technology.

[1]

For 2017-18 to 2021-22, it is estimated that UKRI will owe tax collector HMRC an additional £36 million for the IR35 error.

[2]

[3]

Coincidentally, it is the same figure UKRI spent to support research institutions and consortia to "enhance translation from discovery research to impact," according to [4]the report [PDF].

According to tax advisor Qdox, UKRI's settlement adds to the amount owed by public sector bodies for IR35 non-compliance, which currently stands at about £300 million ($371 million).

[5]

IR35 was introduced to reduce off-payroll workers who avoid paying regular employment taxes, but critics argue it penalizes those who are employed on a casual basis and do not enjoy employment rights, including pensions, sick pay and holidays. The move hit many of The Reg 's readers who work as tech contractors or use their services.

[6]UK tax authority nudges net 'influencers': You may owe us for those OnlyFans feet pics

[7]Software devs targeted as British tax authority makes fraud allegations

[8]UK govt study says IR35 contractor tax reforms plain sailing for most

[9]Tech contractor who uses an umbrella company? UK tax is coming after them

It came into force across the economy in April 2021 after a year's postponement owing to COVID-related disruption. It was implemented for the public sector in 2017, after which the government's own departments have struggled to comply.

In December 2021, annual reports showed miscalculations cost the Ministry of Justice and the Department for Environment, Food and Rural Affairs [10]a combined sum of £120 million ($148.6 million) for the 2020-21 tax year.

Since then, the MoJ's HMRC audit was closed and all liabilities settled, but an internal review later resulted in a liability of £3.9 million ($4.8 million) due to HMRC for [11]2021-22 .

Meanwhile, a Defra inquiry has found instances where contractors were incorrectly assessed as out of scope. For [12]2021-22 , it accepted an outstanding liability of £63.2 million ($78.2 million) with HMRC. ®

Get our [13]Tech Resources



[1] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/science&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2ZHDXp@CDCaessdzxy9k90QAAAFM&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0

[2] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/science&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZHDXp@CDCaessdzxy9k90QAAAFM&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[3] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/science&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33ZHDXp@CDCaessdzxy9k90QAAAFM&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0

[4] https://www.ukri.org/wp-content/uploads/2023/01/UKRI-180123-AnnualReportandAccounts-21to22.pdf

[5] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/science&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44ZHDXp@CDCaessdzxy9k90QAAAFM&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0

[6] https://www.theregister.com/2023/02/20/hmrc_influencer_tax/

[7] https://www.theregister.com/2023/01/23/software_companies_targeted_by_hmrc/

[8] https://www.theregister.com/2022/12/19/uk_govt_ir36_report/

[9] https://www.theregister.com/2022/12/05/hmrc/

[10] https://www.theregister.com/2021/12/21/defra_moj_ir35/

[11] https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1125073/moj-annual-report-and-accounts-2021-22.pdf

[12] https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1113920/defra-annual-report-2021-2022.pdf

[13] https://whitepapers.theregister.com/



Natalie Gritpants Jr

So the tax owed by the monitoring and assessment officers is equal to the amount spent on actually doing what the department is meant to do. Okay it's for two years, but unless they are all paying more than 50% tax/NI it means their wage bill is greater than the amount they are monitoring and assessing. And now it's even larger.

You may as well give the money out as a lottery among companies less than a year old.

description chosen to make a point

Michael

UKRI have a budget of £7,904 million in 2022 to 2023, to £8,874 million in 2024 to 2025.

The costs here are for the project managers that monitor the actual research projects. I've previously contracted PMs that do this job a number of days per month. So I don't see why they should be classed as inside IR35. Most of these people will only be doing this part of the time.

Rich 2

I don’t understand the logic of fining a publicly funded body (for whatever reason, not just IR35)!! All it does is take money away from said body so they can’t do their job as well

Tie the slaves up with red tape

VoiceOfTruth

Said the experts in red tape.

Unicorn Kingom??

cookieMonster

LMFAO !!!!!

Your timeline is way off

Rich 2

“ It came into force across the economy in April 2021…”

No it didn’t!!! IR35 was introduced by Tony Blair’s government back whenever

The way it was implemented changed relatively recently, but the basic fuck-up - sorry, IDEA - has been about much longer than that.

Green Card Day

adam 40

who remembers that?

Hire a contractor

Primus Secundus Tertius

I guess they need to hire one or two contractors to sort out this contractual mess.

Who Knew?

steamnut

Ever since that much-hated lady, now a dame, called Dawn Primololo announced IR35 is has been an example of misplaced legislation. It has never addressed the stated problem of employees quitting on a Friday and rejoining the next Monday as a contract supplier something they called "disguised employment".

And the problems keep coming....

Who benefits from fining a public organisation anyway?

All of the animals except man know that the principal business of life is
to enjoy it.