Could the freelancer you have hired for your production actually be seen as an employee in HMRC's eyes? And why does setting up a Limited Company not necessarily protect you from IR35 tax investigations? In this episode, Keith Arrowsmith speaks with Erin Walls, an accountant with WallsMan Creative, to demystify the tax rules around hiring freelancers versus employees. As an ACA working across the creative sectors, Erin breaks down the criteria that can determine whether HMRC considers someone genuinely self-employed, and how this affects IR35 tax rules.  From the seemingly simple question of whose laptop you use to whether you have a company email address, Erin reveals why the same person could be considered a freelancer for one contract but an employee for another. She explores why production companies often insist freelancers work through Limited Companies, and the grey areas between contractor and employee where many working relationships actually sit.  Erin also gives practical tips about taking the HMRC online test about employment status, and about revisiting rolling contracts that may have initially started as short-term arrangements, but could last for years and create a very different scenario.  The WorkWise for Screen podcast is supported by the BFI, awarding National Lottery Funding. This episode covers: Why production companies may insist on working only with Limited Companies IR35 explained: what HMRC looks for beyond contract wording The holistic test: equipment, email addresses, set hours, and sick days The online HMRC test Practical steps for production companies CHAPTER MARKERS (00:00) Introduction to Workwise for Screen Podcast (02:25) Understanding Freelancers and Limited Companies (04:06) The IR35 Legislation Explained (05:25) HMRC's Approach to Contractor vs Employee (07:27) Mitigating Risks and Ensuring Compliance (10:14) Practical Steps for Compliance (16:54) Conclusion and Resources LINKS WorkWise for Screen: https://www.workwiseforscreen.org.uk/  Keith Arrowsmith: https://www.linkedin.com/in/keitharrowsmith/  Tacita Small: https://www.linkedin.com/in/tacitasmall/  BFI: https://www.bfi.org.uk/  National Lottery: https://www.national-lottery.co.uk/  Erin Walls: https://www.linkedin.com/in/erin-achilleas-walls-aca-00aa4317/  WallsMan Creative: https://creative.accountants/  HMRC Employment Status Test: https://www.gov.uk/guidance/check-employment-status-for-tax  HMRC IR35 Guidance: https://www.gov.uk/guidance/understanding-off-payroll-working-ir35  WorkWise PAYE and NIC Resources: https://www.workwiseforscreen.org.uk/en/topics/management/modules/module/resources/taxation-of-employees-paye-nic  WorkWise IR35 and Freelancer Definitions: https://www.workwiseforscreen.org.uk/en/topics/management/modules/module/resources/what-is-ir35  https://www.workwiseforscreen.org.uk/en/topics/management/modules/module/resources/definition-of-a-freelancer ⁠