
Off-payroll working rules, often called IR35, ensure that a worker supplying services through a limited company or partnership pays broadly the same income tax and National Insurance contributions as an employee. IR35 compliance for structural engineering contractors was extended and now applies on a contract-by-contract basis. Structural engineering projects often involve long-term engagements with highly skilled contractors. If a contractor would have been an employee had they provided their services directly to the client, the contract may fall inside IR35. Failure to comply exposes companies to tax liabilities and penalties, so it is vital that structural engineering businesses understand the rules.
IR35, also known as the off-payroll working rules, is UK legislation designed to identify whether a contractor is genuinely self-employed or working in a role that is effectively employment for tax purposes.
The rules apply when a contractor supplies their services through an intermediary, such as a personal service company (PSC), but would be regarded as an employee if they worked directly for the client. In this case, the contract is said to fall “inside IR35” and tax must be paid through PAYE.
For structural engineering contractors, IR35 is particularly important because projects are often long-term and involve close integration with client teams. If contracts are not reviewed properly, they may be classed inside IR35, creating liabilities for Income Tax and National Insurance.
Understanding what IR35 is and how HMRC applies its tests of control, substitution, and mutuality of obligation is essential for compliance. Structural engineering firms engaging contractors must also consider the interaction between IR35 and the Construction Industry Scheme (CIS), since IR35 takes precedence.
The off-payroll rules apply to all public-sector clients and to medium and large private-sector or voluntary-sector clients. A private or voluntary-sector business is considered medium or large if it meets two or more of the following conditions in its accounting period:
Where a company does not meet two or more of these tests, and the simplified test or group rules do not apply, the business is classed as small. Small private-sector clients are not responsible for determining contractors’ employment status; that task falls to the worker’s intermediary. However, small clients must confirm their size when asked by their contractors or agencies to allow all parties to apply the correct rules.
Group companies: where a parent company is medium or large, its subsidiaries also need to apply the off-payroll rules.
Structural engineering firms that meet the size thresholds must assess whether each contract with a worker’s own intermediary falls inside IR35. Key duties include:
Structural engineers operating through personal service companies (PSCs) or partnerships must follow different responsibilities depending on client size:
The deemed employer (often an agency) must:
Structural engineering work often falls under the Construction Industry Scheme (CIS). However, IR35 takes precedence. If IR35 applies, payments are taxed through PAYE, not CIS. Only when outside IR35 do CIS rules govern tax deductions.
Both IR35 and CIS apply to contractors in structural engineering, but they have different roles. So, what is the difference between IR35 and CIS? In simple terms:
HMRC updated its off-payroll guidance in May 2025. The core rules remain unchanged since April 2021. Consultations are underway on size threshold increases from April 2026, but no official changes have been confirmed. Companies should continue applying current thresholds and monitor future HMRC announcements.
Structural engineering firms face unique challenges when applying off-payroll working rules. Apex Accountants provide hands-on support through:
IR35 compliance is a key responsibility for structural engineering companies engaging contractors. The off-payroll working rules require careful contract assessments, accurate Status Determination Statements, and correct PAYE operation where engagements fall inside IR35.
By understanding HMRC’s tests of control, substitution, and mutuality of obligation, firms can reduce risk and structure contracts that genuinely sit outside the rules. It is also important to recognise that the Construction Industry Scheme does not override IR35, and PAYE must be applied where required.
At Apex Accountants, we specialise in supporting structural engineering firms with IR35 compliance. From reviewing contracts and preparing SDS documents to advising on HMRC tests and CIS interaction, our team ensures you stay fully compliant while keeping projects on track.
Contact us today to discuss tailored IR35 guidance for your business and safeguard your operations against unnecessary tax risks.
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