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Are small companies required to produce a SDS?

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    Are small companies required to produce a SDS?

    Hi, I'm contracting for a company who fall under the "small companies exemption" - I might be stating the obvious and the clue may be in the name, so forgive me, but am I right in saying they are also exempt from producing a SDS? as from the communications I have had - it appears that this is so. Could anyone confirm?

    What would be my duty in this case in preparation for IR35? I mean would using CEST tool be any use if the client is exempt from all IR35 responsibility?
    I'm just wondering if anyone else is in my position of contracting for a small company, and how they are preparing or have prepared for IR35?

    Thanks in advance.

    #2
    Responsibility for assessing IR35 status remains with your PSC, same as it did prior to the rule changes.

    I mean would using CEST tool be any use
    Never, and not for anything. Get a professional assessment done by the likes of QDOS, Kingsbridge, IR35 Shield etc.

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      #3
      Take a look at this page:
      April 2021 changes to off-payroll working for clients - GOV.UK (www.gov.uk)

      In particular, that gives a specific definition of a small company (based on turnover, balance, and number of employees).

      "If you’re a small-sized client in the private sector you’ll not have to decide the employment status of your workers. This will remain the responsibility of the worker’s intermediary (usually a limited company). However, you must confirm your size if asked by the person or organisation you contract with, or the worker. This is to make sure that you, agencies and workers can consider what rules apply."

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