Latest
issue
GET HCM
magazine
Sign up for the FREE digital edition of HCM magazine and also get the HCM ezine and breaking news email alerts.
Not right now, thanksclose this window I've already subscribed!
BLK BOX
BLK BOX
BLK BOX
Follow Health Club Management on Twitter Like Health Club Management on Facebook Join the discussion with Health Club Management on LinkedIn Follow Health Club Management on Instagram
FITNESS, HEALTH, WELLNESS

features

Finance: Taxing matters

New tax laws will hit the UK fitness sector in early April, changing the way freelance PTs are legally classified for income tax and national insurance, as Abi Harris reports

By Abigail Harris | Published in Health Club Management 2021 issue 3
New tax laws will impact the way operators transact with fitness professionals / photo: shutterstock/Jacob Lund
New tax laws will impact the way operators transact with fitness professionals / photo: shutterstock/Jacob Lund

IR35 - four simple characters with a big impact for operators in the health and fitness industry. As the Chancellor left all mention of this impending tax change out of his March budget, this means private sector IR35 tax reforms officially hit our sector in April.

What is IR35?
IR35 is new tax legislation that means private sector employers will be responsible for assessing whether or not contractors need to pay income tax and national insurance contributions.

It will also compel operators to seek out ‘disguised employees’, or contractors with a permanent position at a company, who don’t pay the same income tax or national insurance contributions (NIC) as standard employees.

The purpose of IR35 is to collect the same amount of tax and National Insurance Contributions as would have been paid if an individual was employed directly.

It’s widely believed that IR35 changes could be disastrous for the self-employed, who are likely to be hit with additional costs, while companies – already grappling with the ongoing fallout from COVID-19 – will need to assess the likely impact of the new legislation on their businesses and move to accommodate the change.

What it means for our sector
IR35 will apply where personal trainers or instructors provide services to an organisation through an intermediary company, such as Joe Bloggs PT Services Ltd, or are supplied via an employment agency/business. The question to ask is ”if it wasn’t for that company in the middle, would the individual be regarded as an employee/worker for tax and NIC purposes?”

Health club and leisure centre operators engaging ‘off-payroll’ PTs and instructors via an intermediary will be responsible for determining their employment status and paying Income Tax and NICs for those deemed employees.

Aaron McCulloch is MD of Your Personal Training (YPT), which supports PTs and gym operators to deliver personal training services. He says: “Many PTs work in clubs as ‘off-payroll’ gym or class instructors via their own limited company in lieu of paying floor rent to operate their business; it’s been standard practice in our sector for many years.

“They’re often required to carry out inductions, group exercise classes or even cleaning, and would typically have to ask for time off and work their PT business around a shift rota set by the club.

“If a PT or instructor is obliged to deliver a set number of regular working hours and are told when, where and how they must do this, it’s likely HMRC would deem them an employee.”

Law firm, Irwin Mitchell, has been supporting companies dealing with IR35 across a number of sectors and senior associate, Padma Tadi, says: “The financial impact can be significant; amounting to thousands of pounds in additional income tax and NICs for every contractor HMRC would deem to be an employee.

“Operators will be responsible for deducting and passing on these charges, as well managing the increased costs and responsibilities attached to employment rights to which the individual may be entitled.

“The legislation applies to all invoices and payments made after 6 April 2021,” she says, “even if the work is carried out before that date and when passed on to PTs or instructors, this could reduce their net income by up to 25 per cent.”

The good news is these changes only apply to freelancers providing services via an intermediary company and they won’t apply to small organisations which don’t meet at least two of the following criteria:

● Annual turnover of more than £10.2 million

● Balance sheet total of more than £5.1 million

● More than 50 (F/T equivalent) employees

However, Tadi advises: “Beware when looking at size. If you’re part of a corporate group, the overall group turnover must be considered, or you may still fall within the scope.”

“Preparation is key, because assessing each team member and introducing and actioning appropriate policies and procedures can be extremely time consuming,” warns McCulloch.

"The financial impact can be significant, amounting to thousands of pounds in additional income tax and NICs for every contractor HMRC would deem to be an employee" – Padma Tadi, Irwin Mitchell

"If a PT or instructor is obliged to deliver a set number of regular working hours and are told when, where and how they must do this, it’s likely HMRC would deem them an employee" – Aaron McCulloch, Your Personal Training

8 steps to compliance
Aaron McCulloch, Your Personal Training

1. Establish whether you fall within the definition of ‘small’. If so, you won’t ever need to make changes, provided you remain small.

2. Identify freelancers who operate via an intermediary and provide a status determination for each. Consider how often they work for you, whether they provide their own kit and if they work for other gyms.

3. Decide who in the team will be responsible for determining the status of freelancers. If they need training to understand how to make a proper assessment, HMRC has an online tool (known as CEST) to assist, but it has been subject to criticism for giving some inaccurate outcomes, so we advise also seeking professional advice.

4. Freelance PTs and instructors may challenge the status you allocate. Decide how you’ll deal with those appeals and how you’ll comply with the time limits (you have 45 days to respond to any appeal with your findings).

5. Will tax and NICs which are due be an additional cost for you, or can you renegotiate so this is factored into the PTs’ rates?

6. Review how the payment processes will work. The PTs’ invoices will need to be split between fee and VAT, with PAYE and NIC calculated on the fee and with a net payment made to the PTs and PAYE/NIC to HMRC.

7. Establish whether you need to set up a separate PAYE scheme to handle payments – they must be processed under the real-time information (RTI) arrangements.

8. Advise instructors you’re reviewing your processes. You may want to ask them to become employees if they are critical to your operation.

Each team member could need to be assessed / photo: shutterstock/Jacob Lund
Each team member could need to be assessed / photo: shutterstock/Jacob Lund
https://www.leisureopportunities.co.uk/images/2021/116509_817885.jpg
New tax law, IR35, is changing the way employers treat tax and national insurance payments for freelance staff such as PTs
HCM magazine
Our experts believe love is the best foundation on which to build a business. Kath Hudson finds out why
HCM magazine
HCM People

Jamie Groves

MD, Denbighshire Leisure
Denbighshire Leisure’s turnover has increased by 25 per cent since 2021, so the developments have paid for themselves and more
HCM magazine
Consumer expectations are rising all the time, but nowhere more than in relation to digital. UK Active’s Dave Gerrish explains how the industry is shaping up
HCM magazine
Fuel the debate about issues across the industry and share your ideas and experiences. We’d love to hear from you: [email protected]
HCM magazine
I don’t think Alliance will ever build another leisure centre. We’ll only build active living and wellness centres
HCM promotional features
Sponsored
This collaboration underscores Ridgeway’s commitment to enhancing spaces, providing an unrivalled environment for gym enthusiasts and health club members
HCM promotional features
Sponsored
HCM promotional features
Sponsored profile: Technogym
The GM of The Club & Spa Bristol tells us about the cutting edge club refresh that showcases the Technogym Artis Line
HCM promotional features
Promotion
Using research that revealed three key pillars for cardio exercisers, Life Fitness has created its greatest-ever console: the Discover SE4
HCM promotional features
Promotion
Small group training is popular for its energy, but must evolve to retain popularity, says the director of training at Matrix Fitness
HCM promotional features
Sponsored
Creating successful training environments requires a deep knowledge of functional design. Gregory Bradley, sales director at BLK BOX Fitness talks us through the company’s approach
HCM promotional features
Latest News
The first bricks and mortar Kinrgy studio opens today (1 March) in West Hollywood. Founded ...
Latest News
Orangetheory and Self Esteem Brands have revealed plans to merge 'as equals' creating a new ...
Latest News
In the same week as tennis legend, Andre Agassi, was appointed to the board of ...
Latest News
According to a pilot study by Yale School of Medicine, exercise can not only slow ...
Latest News
Self Esteem Brands (SEB), owner of Anytime Fitness, has released year-end results which show year-on-year ...
Latest News
Basic-Fit has introduced a new approach to tackle gymtimidation and create an inclusive environment in ...
Latest News
Speaking exclusively in the current issue of HCM magazine, Third Space CEO, Colin Waggett, says ...
Latest News
Australian exercise and active health trade body, AUSactive, has partnered with the national Royal Life ...
Featured supplier news
Featured supplier news: Elevate registrations soar: a record-breaking start to Elevate 2024
Elevate, the premier event in the physical activity, fitness, sports therapy and performance sector, is thrilled to announce that registrations for its 2024 conference are now live – and the response has been nothing short of exceptional.
Featured supplier news
Featured supplier news: seca TRU: Medical values for medical fitness
Developed for the world of medicine, tailored to the needs of modern fitness studios. The seca TRU seamlessly provides medical expertise for health-focused training with a clinically validated body composition analysis meeting the health and fitness industry's evolving demands.
Company profiles
Company profile: Spivi
Spivi is an immersive fitness gamification platform that helps gym operators to achieve better retention ...
Company profiles
Company profile: Proinsight Mystery Shopping
We take time at the outset to understand your unique customer journey. Then we work ...
Catalogue Gallery
Click on a catalogue to view it online
Featured press releases
Precor UK press release: Precor launches new functional strength training line powered by BeaverFit
Precor, trusted fitness solution provider to more than 14,000 global facilities, has selected BeaverFit, the world’s largest supplier of fitness equipment to U.S. and NATO militaries, to design and manufacture their new functional training line.
Featured press releases
The Health & Fitness Institute press release: THFI Launches Wellness Coaching Qualification Aimed at NHS Relief and Economic Boost
Recent data from UK Active has revealed that a shocking 25% of the UK’s population is classed as ‘inactive,’ averaging less than 30 minutes of exercise a week.
Directory
Cryotherapy
Art of Cryo: Cryotherapy
salt therapy products
Saltability: salt therapy products
Flooring
Total Vibration Solutions / TVS Sports Surfaces: Flooring
Lockers
Crown Sports Lockers: Lockers
Snowroom
TechnoAlpin SpA: Snowroom
Spa software
SpaBooker: Spa software
Property & Tenders
Loughton, IG10
Knight Frank
Property & Tenders
Grantham, Leicestershire
Belvoir Castle
Property & Tenders
Diary dates
11-14 Apr 2024
Exhibition Centre , Cologne, Germany
Diary dates
22-24 Apr 2024
Galgorm Resort, York,
Diary dates
30 May - 02 Jun 2024
Rimini Exhibition Center, Rimini, Italy
Diary dates
08-08 Jun 2024
Worldwide, Various,
Diary dates
11-13 Jun 2024
Raffles City Convention Centre, Singapore, Singapore
Diary dates
12-13 Jun 2024
ExCeL London, London, United Kingdom
Diary dates
22-25 Oct 2024
Messe Stuttgart, Germany
Diary dates
04-07 Nov 2024
In person, St Andrews, United Kingdom
Diary dates

features

Finance: Taxing matters

New tax laws will hit the UK fitness sector in early April, changing the way freelance PTs are legally classified for income tax and national insurance, as Abi Harris reports

By Abigail Harris | Published in Health Club Management 2021 issue 3
New tax laws will impact the way operators transact with fitness professionals / photo: shutterstock/Jacob Lund
New tax laws will impact the way operators transact with fitness professionals / photo: shutterstock/Jacob Lund

IR35 - four simple characters with a big impact for operators in the health and fitness industry. As the Chancellor left all mention of this impending tax change out of his March budget, this means private sector IR35 tax reforms officially hit our sector in April.

What is IR35?
IR35 is new tax legislation that means private sector employers will be responsible for assessing whether or not contractors need to pay income tax and national insurance contributions.

It will also compel operators to seek out ‘disguised employees’, or contractors with a permanent position at a company, who don’t pay the same income tax or national insurance contributions (NIC) as standard employees.

The purpose of IR35 is to collect the same amount of tax and National Insurance Contributions as would have been paid if an individual was employed directly.

It’s widely believed that IR35 changes could be disastrous for the self-employed, who are likely to be hit with additional costs, while companies – already grappling with the ongoing fallout from COVID-19 – will need to assess the likely impact of the new legislation on their businesses and move to accommodate the change.

What it means for our sector
IR35 will apply where personal trainers or instructors provide services to an organisation through an intermediary company, such as Joe Bloggs PT Services Ltd, or are supplied via an employment agency/business. The question to ask is ”if it wasn’t for that company in the middle, would the individual be regarded as an employee/worker for tax and NIC purposes?”

Health club and leisure centre operators engaging ‘off-payroll’ PTs and instructors via an intermediary will be responsible for determining their employment status and paying Income Tax and NICs for those deemed employees.

Aaron McCulloch is MD of Your Personal Training (YPT), which supports PTs and gym operators to deliver personal training services. He says: “Many PTs work in clubs as ‘off-payroll’ gym or class instructors via their own limited company in lieu of paying floor rent to operate their business; it’s been standard practice in our sector for many years.

“They’re often required to carry out inductions, group exercise classes or even cleaning, and would typically have to ask for time off and work their PT business around a shift rota set by the club.

“If a PT or instructor is obliged to deliver a set number of regular working hours and are told when, where and how they must do this, it’s likely HMRC would deem them an employee.”

Law firm, Irwin Mitchell, has been supporting companies dealing with IR35 across a number of sectors and senior associate, Padma Tadi, says: “The financial impact can be significant; amounting to thousands of pounds in additional income tax and NICs for every contractor HMRC would deem to be an employee.

“Operators will be responsible for deducting and passing on these charges, as well managing the increased costs and responsibilities attached to employment rights to which the individual may be entitled.

“The legislation applies to all invoices and payments made after 6 April 2021,” she says, “even if the work is carried out before that date and when passed on to PTs or instructors, this could reduce their net income by up to 25 per cent.”

The good news is these changes only apply to freelancers providing services via an intermediary company and they won’t apply to small organisations which don’t meet at least two of the following criteria:

● Annual turnover of more than £10.2 million

● Balance sheet total of more than £5.1 million

● More than 50 (F/T equivalent) employees

However, Tadi advises: “Beware when looking at size. If you’re part of a corporate group, the overall group turnover must be considered, or you may still fall within the scope.”

“Preparation is key, because assessing each team member and introducing and actioning appropriate policies and procedures can be extremely time consuming,” warns McCulloch.

"The financial impact can be significant, amounting to thousands of pounds in additional income tax and NICs for every contractor HMRC would deem to be an employee" – Padma Tadi, Irwin Mitchell

"If a PT or instructor is obliged to deliver a set number of regular working hours and are told when, where and how they must do this, it’s likely HMRC would deem them an employee" – Aaron McCulloch, Your Personal Training

8 steps to compliance
Aaron McCulloch, Your Personal Training

1. Establish whether you fall within the definition of ‘small’. If so, you won’t ever need to make changes, provided you remain small.

2. Identify freelancers who operate via an intermediary and provide a status determination for each. Consider how often they work for you, whether they provide their own kit and if they work for other gyms.

3. Decide who in the team will be responsible for determining the status of freelancers. If they need training to understand how to make a proper assessment, HMRC has an online tool (known as CEST) to assist, but it has been subject to criticism for giving some inaccurate outcomes, so we advise also seeking professional advice.

4. Freelance PTs and instructors may challenge the status you allocate. Decide how you’ll deal with those appeals and how you’ll comply with the time limits (you have 45 days to respond to any appeal with your findings).

5. Will tax and NICs which are due be an additional cost for you, or can you renegotiate so this is factored into the PTs’ rates?

6. Review how the payment processes will work. The PTs’ invoices will need to be split between fee and VAT, with PAYE and NIC calculated on the fee and with a net payment made to the PTs and PAYE/NIC to HMRC.

7. Establish whether you need to set up a separate PAYE scheme to handle payments – they must be processed under the real-time information (RTI) arrangements.

8. Advise instructors you’re reviewing your processes. You may want to ask them to become employees if they are critical to your operation.

Each team member could need to be assessed / photo: shutterstock/Jacob Lund
Each team member could need to be assessed / photo: shutterstock/Jacob Lund
https://www.leisureopportunities.co.uk/images/2021/116509_817885.jpg
New tax law, IR35, is changing the way employers treat tax and national insurance payments for freelance staff such as PTs
Latest News
The first bricks and mortar Kinrgy studio opens today (1 March) in West Hollywood. Founded ...
Latest News
Orangetheory and Self Esteem Brands have revealed plans to merge 'as equals' creating a new ...
Latest News
In the same week as tennis legend, Andre Agassi, was appointed to the board of ...
Latest News
According to a pilot study by Yale School of Medicine, exercise can not only slow ...
Latest News
Self Esteem Brands (SEB), owner of Anytime Fitness, has released year-end results which show year-on-year ...
Latest News
Basic-Fit has introduced a new approach to tackle gymtimidation and create an inclusive environment in ...
Latest News
Speaking exclusively in the current issue of HCM magazine, Third Space CEO, Colin Waggett, says ...
Latest News
Australian exercise and active health trade body, AUSactive, has partnered with the national Royal Life ...
Latest News
Kerzner International has ushered in a new era of wellness-centric hospitality and unveiled its highly-anticipated ...
Latest News
Following a successful pilot, The Gym Group is rolling out a programme, delivered by The ...
Latest News
As Planet Fitness announces strong year-end results there are reports the company is planning a ...
Featured supplier news
Featured supplier news: Elevate registrations soar: a record-breaking start to Elevate 2024
Elevate, the premier event in the physical activity, fitness, sports therapy and performance sector, is thrilled to announce that registrations for its 2024 conference are now live – and the response has been nothing short of exceptional.
Featured supplier news
Featured supplier news: seca TRU: Medical values for medical fitness
Developed for the world of medicine, tailored to the needs of modern fitness studios. The seca TRU seamlessly provides medical expertise for health-focused training with a clinically validated body composition analysis meeting the health and fitness industry's evolving demands.
Company profiles
Company profile: Spivi
Spivi is an immersive fitness gamification platform that helps gym operators to achieve better retention ...
Company profiles
Company profile: Proinsight Mystery Shopping
We take time at the outset to understand your unique customer journey. Then we work ...
Catalogue Gallery
Click on a catalogue to view it online
Featured press releases
Precor UK press release: Precor launches new functional strength training line powered by BeaverFit
Precor, trusted fitness solution provider to more than 14,000 global facilities, has selected BeaverFit, the world’s largest supplier of fitness equipment to U.S. and NATO militaries, to design and manufacture their new functional training line.
Featured press releases
The Health & Fitness Institute press release: THFI Launches Wellness Coaching Qualification Aimed at NHS Relief and Economic Boost
Recent data from UK Active has revealed that a shocking 25% of the UK’s population is classed as ‘inactive,’ averaging less than 30 minutes of exercise a week.
Directory
Cryotherapy
Art of Cryo: Cryotherapy
salt therapy products
Saltability: salt therapy products
Flooring
Total Vibration Solutions / TVS Sports Surfaces: Flooring
Lockers
Crown Sports Lockers: Lockers
Snowroom
TechnoAlpin SpA: Snowroom
Spa software
SpaBooker: Spa software
Property & Tenders
Loughton, IG10
Knight Frank
Property & Tenders
Grantham, Leicestershire
Belvoir Castle
Property & Tenders
Diary dates
11-14 Apr 2024
Exhibition Centre , Cologne, Germany
Diary dates
22-24 Apr 2024
Galgorm Resort, York,
Diary dates
30 May - 02 Jun 2024
Rimini Exhibition Center, Rimini, Italy
Diary dates
08-08 Jun 2024
Worldwide, Various,
Diary dates
11-13 Jun 2024
Raffles City Convention Centre, Singapore, Singapore
Diary dates
12-13 Jun 2024
ExCeL London, London, United Kingdom
Diary dates
22-25 Oct 2024
Messe Stuttgart, Germany
Diary dates
04-07 Nov 2024
In person, St Andrews, United Kingdom
Diary dates
Search news, features & products:
Find a supplier:
BLK BOX
BLK BOX
Partner sites