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For the attention of GP appraisers- request by NHS England re IR35 status

CONFIDENTIAL TO LMC MEMBER PRACTICES ONLY, NOT TO BE SHARED OR FORWARDED IN WHOLE OR PART WITHOUT THE LMC’S CONSENT

The LMC is aware that all GP appraisers have been sent a letter from NHS England’s Head of Financial Control, and the email copied below.

NHS England is legally obliged to obtain this information, however I do not know whether this translates into any specific contractual or legal obligation on appraisers to provide this information, and particularly within the ridiculously short timescale demanded. However, having said that, a major concern is obviously that, even if not legally or contractually obliged, if you do not provide the information requested, then you could potentially run the risk of a tax investigation should the matter come to the attention of HMRC. It still seems unlikely though that this would justify providing the information within the very short timescale if this conflicts with more pressing priorities.

The GPC has promised to provide definitive advice on this matter next week, and this will of course be circulated as soon as it becomes available.

Dr. Robert Morley Executive Secretary Birmingham Local Medical Committee 36 Harborne RoadEdgbaston Birmingham B15 3AF Tel. 0121- 454 5008 Fax.0121- 455 0758

Office email: lmcadmin@blmc.co.uk

Please find attached an urgent request from Steve Wilson, NHS England Head of Financial Control, for the prompt attention of all medical appraisers contracted to NHS England. The letter requests your assistance in meeting an obligation placed on us by Government.NHS England is required to obtain confirmation of compliance with IR35 and tax legislation from all ‘off-payroll’ workers. This includes all NHS England appraisers engaged via the consultancy agreement, which allows for this information to be provided on request. In essence, you need to confirm personally what your IR35 status is, and that you are handling your appraisal payments properly in terms of the relevant tax and social security legislation. This confirmation usually will take the form of a letter from your accountant or tax advisor; any fee for this is the responsibility of the individual appraiser.Finance colleagues are working to a tight timescale set by government and so individual responses must be received within two weeks of receipt of this request. I am sorry that this request has come at short notice, with a tight turnaround. You should be able to meet the requirement in a straightforward manner by passing the attached letter to your accountant as soon as possible. It should be noted however that this will be an annual request, so it is suggested that appraisers should set up systems to allow for this request to come in a similar timeframe again next year. If you have any queries about this request please contact our colleagues in finance: England.CL1@nhs.net .Thank you in advance, for your cooperation in this matter.

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