IPSE calls for more clarity on IR35 following Defra and MoJ non-compliance verdicts

IPSE is today calling for more clarity around IR35, following the news that the Ministry of Justice (MoJ) and the Department for Environment, Food and Rural Affairs (Defra) have received tax bills totalling just over £120m for IR35 non-compliance. 

About us simpler
IPSE
12 Sep 2022
1 minutes
Share

IPSE is today calling for more clarity around IR35, following the news that the Ministry of Justice (MoJ) and the Department for Environment, Food and Rural Affairs (Defra) have received tax bills totalling just over £120m for IR35 non-compliance. 

Implemented in the public sector in 2017, IR35 moves the responsibility of determining a contractor's employment status from contractors to their clients. The reforms have been criticised by many as being complicated and confusing. 

As shown by the 2020-2021 annual reports and accounts for the MoJ, HMRC has found that incorrect IR35 determinations were made by the department. It stated that the MoJ was liable for breaking the regulations and that it owed £72.1m to HMRC. Moreover, in its own annual reports and accounts, Defra was found by HMRC to owe £48m in liabilities for giving false IR35 determinations. 

Andy Chamberlian, Director of Policy at IPSE, said "The fact that two major government departments have run into trouble with their IR35 compliance show just how complicated and confusing the regulations are. Even with guidance, support and training from HMRC, the MoJ and Defra have not made accurate status determinations. For private sector organisations that aren't as connected to HMRC, they will almost certainly find it equally challenging. 

"The revelations that these huge tax bills are owed prompt a further question: has tax already been paid on these engagements? If it has, then HMRC is in danger of collecting too much tax, which is against its own principles. IPSE is calling for an offset mechanism to be introduced to ensure that double taxation can not incur."

IPSE reacts to Shadow Chancellors pledge to replace IR35 and pause Making Tax Digital listing
IPSE reacts to Shadow Chancellor's pledge to replace IR35 and pause Making Tax Digital
+5 more

Read our response after Shadow Chancellor Andrew Griffith used his first major speech in the role to commit to replacing IR35 and pausing the expansion of Making ...

17 Sep 2026
About us simpler
IPSE Press Office
Introducing IPSEs three new memberships Accelerate Empower and Advocate listing
Introducing what's new at IPSE: Accelerate, Empower and Advocate

IPSE now offers three things: Accelerate for business growth, Empower for everyday protection, and Advocate to support our campaigning.

31 Aug 2026
Josh Toovey Headshot
Josh Toovey
How IPSE membership supports your growth listing
How IPSE membership supports your growth
+2 more

Explore how IPSE membership supports UK self-employed growth with mentoring, pricing guidance, events, and campaigning on your behalf.

31 Aug 2026
Josh Toovey Headshot
Josh Toovey
IPSE Logo

Join our newsletter

Registered in England and Wales, no 03770926. 3rd Floor, Paternoster House, 65 St Paul's Churchyard, London, England, EC4M 8AB