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Categories explained: Consultants & Subcontractors
Categories explained: Consultants & Subcontractors
Steven Anderson avatar
Written by Steven Anderson
Updated over 2 months ago

The cost of a subcontractor you engage to help you perform services such as IT support on a short term basis. Remember that subcontractors are subject to strict rules under IR35 and you must prove that the person is not an employee of the business. Contractors are generally hired on a project basis to help you fill a gap in resource or assist on a tricky task. This category also includes the fees you are charged from any professional services provider, such as a senior marketing strategist or a new business consultant.

What's included

IT contractors (where your main services is IT) or legal contractors (where your main business is Legal services).
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Freelance designers or copywriters to help produce content.
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Strategy or new business consultants fees.

Management consultancy firms fees.

What's not included

Amounts paid to contractors who are actually deemed employees via the IR35 rulings.

How is it taxed?

It is recommended that you undertake a review of the contractual and practical conduct of the services to ensure no additional worker or employee obligations start arising. Penalties can be levied where someone who meets the definition of a worker or employee is not contracted on the correct basis.
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Generally deducted from your pre-tax profit however keep in mind sometimes your adviser will help with advice relating to capital projects such as buying/selling a property or shares in another company. No tax relief can be taken on these costs and they must be capitalised.

Tax tips

Watch out for the rules of IR35. It is a piece of tax legislation that aims to recoup taxes on contractors who are disguised as employees at a similar rate to employment. As a company if HMRC determines that you are working under an IR35 contract you will have to pay income tax and NI on the sales income that the intermediary receives (less certain allowable expenses).
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Remember if your consultant has supported you with any share or property transactions these costs will be deemed to be capital in nature and no tax relief will arise.

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