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Accurity Blog

The latest version of IR35 legislation was introduced in April 2017 as an off-payroll reform for the public sector and is a term used to describe two sets of tax rulings developed by the UK Government to combat tax avoidance by contractors. These can be defined as people engaged by a company, usually for limited time periods and who supply their services via a third-party vehicle such as a limited company and are therefore not on the hiring company’s employee payroll. The contractors are referred to as “deemed” or “disguised” by Her Majesty’s Revenue and Customs (HMRC) as they are off the official payroll.

With revised IR35 rulings, an HMRC inspector will essentially attempt to disregard the written contract in place between the worker and their client and use the actual nature of the working relationship to create a ‘notional contract’. In short, IR35 involves applying the three main principles of: control, substitution and mutuality of obligation, to determine the employment status. Not surprisingly fundamental knowledge of employment law is required to be able to fully understand these rulings which can be complex and expensive for the contractor. If he or she just ignores IR35 it can become very expensive, with substantial back payments and fines, as has been evident in several celebrity cases recently.

What about going to fulfill a contract in Switzerland?

In Switzerland the parameters are more straight forward: when accepting a contracting role (longer than 3-months), the contractor must work with a Swiss SECO-registered employment services company such as Accurity (www.accurity.ch). Note: SECO is the Swiss State Secretariat for Economic Affairs and the federal government’s centre for all core issues relating to economic and labour market policy.

The employment services company then calculates the contractor’s payroll according to Swiss Law and makes all legal deductions and statutory payments.

Accurity provides very competitive retention rates, through careful tax planning with monthly salaries and a choice of tax saving pension schemes. They also pay the contractor a fixed monthly salary, even if any holiday entitlement is used (20-25 days per year plus Swiss public holidays). This not only simplifies the contractors’ financial planning but also optimises the source tax rates they pay by averaging income over the contract.

In summary: the IR35 ruling will not be a problem for the contractor in Switzerland assuming (s)he works with a payroll company such as Accurity. It makes sense to do this from the first day in Switzerland and completely avoid IR35. 

Footnote: Accurity GmbH was founded 20 years ago by contractors and the original founders continue to lead the Accurity team with the same dedication to customer service and excellence as the day we started. Contractors are the heart of our business and we are here to look after you and your employment needs in Switzerland. We also support recruitment agencies from around the world who want to place contractors or permanent staff in Switzerland. We provide and work to strict non-competition clauses in our agreements. Our role is to leverage our expertise to fulfil the legal and financial employment requirements. We make Switzerland easy for you.

Accurity Group | Employment & Payroll Services in Switzerland

Privacy Overview

We treat your personal data as subject to the EU General Data Protection Regulation (GDPR) of 14 April 2016.

Online Marketing. We track basic values via google analytics, and other online marketing services in compliance with GDPR in order to attempt to target publicity only to those to whom they may be relevant. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data, mobile device identifiers, and advertising identifiers. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. We do not save your personal identity with these tracking data.

Submitting personal data on our dataforms. The personal data you may submit on our online or offline forms are only used for the purpose stated on the form and thereafter deleted according to a routine schedule. All online webform data are transferred via secure channels.

Email correspondence and attachments. The personal information in emails or their attachments sent to us or received by you are securely handled on our servers and those of our data processors. Please be aware that emails pass over the internet beyond your or our control, and at this stage can be intercepted or manipulated by third parties. Although we take steps to verify the authenticity of all email traffic we cannot be responsible for such traffic or for any information which is in the public domain. You are welcome to request the use of a secure channel to send or receive your data. Wherever possible we will ask you to send us your data over secure channels.

Our candidates & employees. The personal data of all prospective candidates, employees or ex-employees is handled with utmost care with regard to security and confidentiality. We store your data on protected servers and delete or anonymise the data as soon as they are no longer required for offering or providing you our services, for legal protection or compliance. Please note in Switzerland some data must be kept for up to 10 years.

Any data stored is only used for the purposes requested/agreed by you. You have the right to request a copy of the data we have for you, to have them corrected, to restrict their use or have them deleted subject to legal, compliance and technical restrictions that may have to be applied to them. We will not charge you for any such request as long as it is reasonable, and we will handle your request promptly, within one calendar month.

Personal data passed to us by agencies. If an agency passes your personal data to us in order that we can offer or provide a service, they are recognised under the GDPR as the controller of your data. We require them provide you the same rights we are providing to you as defined above, and to pass on to us any requests you make to them concerning the data they have provided to us, whence we will provide them the same rights on your behalf.

Personal data we pass to clients. In order to present you as a candidate or lease you to a client we may need to pass some personal data to the client. They then become processors of your data under the GDPR. Before we pass any of your personal data we ensure that we have your consent. We will also require them to honour any requests under your rights regarding these data. They will have to agree to process any request within one calendar month, subject to their own legal protection and compliance requirements.

We hereby declare that any personal data provided to us is handled securely and according to the GDPR, for which we have a Data Protection Plan, and have appointed a Data Protection Officer. You can contact him directly if you have any questions or requests at dpo@accurity.ch. You can read the full text of the GDPR here.