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Outside IR35: What the 2025 Employer NI Changes Mean for IT Contractors

The employer NI changes from 6 April 2025 do not change an outside-IR35 determination or create an automatic deduction from the contract payment. Here is who the new rate, threshold and Employment Allowance rules affect.
From TheFinanceBase Team4 min to read
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Short answer: The employer National Insurance changes that took effect on 6 April 2025 do not, by themselves, change an IT contractor’s IR35 status or add employer NI as a deduction from a genuinely outside-IR35 contract payment. For that engagement, the fee-payer does not withhold tax or NICs under the off-payroll rules; the contractor’s intermediary remains responsible for its own tax obligations. The changes matter directly to employers with relevant payroll liabilities, including deemed employers when the off-payroll rules apply.

What changed in employer NI from 6 April 2025?

The Autumn Budget 2024 changes apply to secondary Class 1 employer National Insurance contributions. HMRC’s policy note sets out the new rate and threshold, alongside the changes to Employment Allowance:

Measure Before 6 April 2025 From 6 April 2025
Employer secondary Class 1 rate 13.8% 15%
Annual secondary threshold £9,100 £5,000
Maximum Employment Allowance £5,000 £10,500
Prior-year employer NIC liability limit for Employment Allowance £100,000 restriction applied Restriction removed for eligible employers

The £5,000 secondary threshold is scheduled to remain in place through 5 April 2028, then rise in line with CPI. It is the general threshold above which employer NICs become due on earnings, subject to special thresholds and reliefs. These are employer contributions, not a change to the employee primary NIC rate. HMRC’s policy note on employer NIC changes gives the measures and timing.

Employment Allowance is not automatic

The maximum allowance rose to £10,500 and the £100,000 prior-year employer NIC liability restriction was removed from 6 April 2025. Other eligibility criteria remain: not every employer qualifies, and public bodies and some organisations performing functions of a public nature are excluded. Employers should check HMRC’s current criteria rather than assume the allowance applies. HMRC’s April 2025 Employer Bulletin confirms the allowance changes and that other eligibility criteria were unchanged.

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What the changes mean for an outside-IR35 contract

For a contract outside the off-payroll working rules, the fee-payer does not deduct tax or NICs from the payment before paying the contractor’s intermediary. The intermediary remains responsible for its tax obligations. The contract payment is not treated as a deemed employment payment under those rules, so the employer NI increase is not automatically added as a deduction from the contractor’s invoice or net pay. See HMRC’s client guidance on off-payroll working and its fee-payer guidance.

“Outside IR35” describes the result for a particular engagement, not a permanent status attached to a contractor or limited company. The assessment is based on the contract terms and actual working practices. A company structure alone does not decide the result, and the Budget’s employer NI changes did not alter the status test.

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Outside and inside the rules: who handles employer NI?

Issue Outside the off-payroll rules Off-payroll rules apply
Payment treatment The intermediary receives payment without tax or NIC deductions under the off-payroll rules and remains responsible for its tax obligations. The deemed employer operates PAYE and accounts for employee and employer NICs.
Employer NI on the contract payment The fee-payer does not pay employer NIC under the off-payroll rules for that outside engagement. The deemed employer is responsible for employer NICs.
Employment Allowance against the payment Not relevant as a deemed payment. HMRC says: “Employment allowance cannot be used against payments to deemed employees.”
What determines the treatment? Contract terms and working practices for that engagement. The same contract-by-contract status assessment.

HMRC sets out the deemed employer’s responsibilities in its fee-payer guidance. Employment Allowance cannot offset employer NICs on deemed employee payments.

When an outside contractor’s own company may be affected

An outside contractor’s limited company can still have employer NIC liabilities of its own if it pays salaries or employs staff. The 15% rate and £5,000 secondary threshold may therefore be relevant to that company’s payroll, but this is separate from the client or agency’s treatment of the outside contract. The company’s actual liability depends on its payroll earnings and any applicable reliefs; there is no universal contractor-specific amount.

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What contractors, clients and agencies should check

For contractors

  • Confirm the status determination for the specific engagement and identify who the fee-payer is.
  • If the engagement is genuinely outside the rules, distinguish the client’s payment to the intermediary from the intermediary’s own payroll and tax responsibilities.
  • If your company pays a salary or employs staff, assess those payroll liabilities separately from the contract’s IR35 status.

For clients and agencies

  • For engagements where the off-payroll rules apply, use the 15% employer rate and £5,000 threshold from 6 April 2025 when calculating relevant payroll liabilities.
  • Check Employment Allowance eligibility rather than assuming the higher maximum applies; do not use it against deemed employee payments.
  • Ensure payroll software reflects the rates and thresholds applying from 6 April 2025.
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What the figures do not tell you

HMRC’s 2024 impact material reports Office for Budget Responsibility estimates of a 0.1% lower potential output at the forecast horizon, around 50,000 lower labour supply in average-hours-equivalent terms, and a 0.2% addition to the CPI level in the near term from partial cost pass-through. These are economy-wide estimates of the employer NIC measure, not forecasts for IT contractors or for outside-IR35 engagements specifically. The official material does not quantify a direct effect on outside-IR35 IT contractors. See HMRC’s tax information and impact note.

This is a UK tax explainer, not an individual tax calculation. Rates, thresholds, allowance rules and guidance can change, so check the current HMRC guidance for the tax year in question.

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