How IR35 status is actually decided
IR35 — the off-payroll working rules — asks a single question: strip away your limited company, and would the relationship between you and your client look like employment? If it would, the engagement is inside IR35 and broadly the same tax and National Insurance apply as for an employee. If it genuinely wouldn't, you are outside IR35 and trade as a business. The estimator above is a first read on that question; the contractor take-home calculator then shows what each status means for your pay.
Status is not a matter of job title or which box you'd prefer to tick. It is settled by employment case law through three primary tests, supported by a set of secondary factors. No single answer above is a verdict — but the primary tests carry far more weight, and the law allows any one of them to be decisive on its own.
The three primary tests
Right of substitution (personal service). Employees must turn up and do the work themselves. A genuine, unfettered right to send a suitably qualified substitute — one the client cannot unreasonably refuse, and whom you would pay — is one of the strongest pointers to being outside IR35. The catch is that the right must be real: a clause that has never been, and could never realistically be, exercised carries little weight. If the client can veto any substitute or insists on you personally, you are providing personal service, which leans inside.
Control. This is about who decides how, when and where the work is done. A contractor who uses their own methods, sets their own approach and works with little supervision looks like a business supplying a service. Someone told what to do, how to do it, which hours to keep and which priorities to follow — managed like a member of staff — looks like an employee. Day-to-day method is the part that matters most; a client setting an overall deadline or a security policy is normal and not, by itself, employment-like control.
Mutuality of obligation. Employment carries an ongoing, two-way obligation: the employer offers work and the employee is expected to accept it, beyond any single task. A contract for a defined deliverable, where neither side owes the other anything once it's done, points outside. A rolling expectation that you'll keep taking whatever work appears — and that the client will keep finding it for you — points inside.
The secondary factors
When the primary tests are mixed, secondary factors help tip the balance. Financial risk matters: fixing your own defects in your own time, quoting fixed prices, carrying your own professional insurance and standing to make or lose money all mark you out as a business. Equipment is a lighter touch — providing your own significant kit points outside, though using a client's systems is common in IT and weighed gently. Part and parcel looks at whether you've become embedded in the client's organisation: a line manager, staff perks, a slot on the org chart or managing their employees all lean inside. And being in business on your own account — multiple clients, your own marketing and insurance, a real ability to profit from sound management — rounds out the picture of a genuine business rather than a disguised employee.
What the off-payroll rules changed — who determines status
The factors above are long-standing; what changed is who decides and who bears the risk. For engagements with medium and large clients in the private sector, and for all public-sector clients, the client must assess your status and issue a Status Determination Statement, with reasons. If they decide inside, the fee-payer deducts income tax and National Insurance before your company is paid. If your client is small, the old rules persist and the responsibility for assessing status — and the liability — stays with your own limited company. Either way, the estimate here is a personal sense-check, not a substitute for that formal process or for CEST.
Strengthening a genuine outside position
You can present a genuine outside-IR35 engagement honestly — but you cannot contrive one. Make sure the written contract reflects how you really work: a substitution clause is worth nothing if everyone knows it would never be used. Keep control over your own methods and hours where the work allows; avoid drifting into a fixed, supervised, staff-like routine. Contract for defined deliverables rather than open-ended availability. Carry your own insurance, use your own equipment where practical, and keep evidence that you run a real business — other clients, marketing, your own tools. Crucially, get the contract and your working practices reviewed by a specialist, because HMRC and tribunals look past the paperwork to the reality. The methodology behind our take-home figures explains how inside and outside outcomes differ once status is settled.