It is fairly straight forwards as a general term. If you are allowed to work for someone else when you want, then you are self employed. If you are not, and can only work for one company/agency, and told exactly when and where, you are 'employed'. That is pretty much as easy as it gets.
IR35 is taken on each indervidual contract, so if you have multiple streams of income, and all are different contracts, (say contract 1,2,3 and 4) all doing the same thing, (say driving taxis), yet contract 4 says that you can not drive a taxi for someone else and dictated when you must turn up for work, (sound familiar?)
, then contract 4 is a restrictive contract, and in theory all the income gained through contract 4 is liable to NI and PAYE tax paid by the company issuing the restrictive contract. Contracts 1,2 and 3 however have no such restrictions, and therefore you can choose when and how many hours you work for them, this is taxed under the self assessment or your companies capital gains tax, as these incomes are legit self employed incomes to your business or company.
Remember, IR35 only applies to Ltd's.
I hope that might have cleared something up a bit better?
Again, be very careful what is posted here, as HMRC will use any information and resources to show that there was information being posted regarding these sorts of things.
Having said that, they do have much bigger fish to fry, and looking at BRK accounts and tax returns, it is interesting to see how a company with so many pilots on its books, has such a small turn over......maybe HMRC should have a little look at Brookfield and Brookfield International, as well as their Offshore accounts.....!!??
