Status Determination Statement (SDS): Guide, Checklist & Template (IR35)

A Status Determination Statement (SDS) is the written outcome of an IR35/off-payroll status assessment. It should clearly state the status decision and the reasons behind it, and it forms part of an organisation’s compliance record.

This guide explains who needs an SDS, what makes it “valid”, how it moves through the supply chain, and how to handle disagreements within the required timeline.

Who needs an SDS (and when you don't)

If you’re a public sector client, the off-payroll rules apply.

In the private/voluntary sector, the “client” typically applies the rules only if it’s medium or large, based on meeting 2 of 3 conditions (turnover, balance sheet total, employees). If the client is small, they’re generally outside these reformed off-payroll obligations.

Practical takeaway:

If you’re the end client and you’re medium/large, you should have an SDS process for in-scope contractor engagements.

What a "valid" SDS must include

For an SDS to be valid, it must:

1. Status Decision

Include the status decision (employed or self-employed for tax purposes)

2. Reasons

Contain the reasons for that decision (based on employment status indicators)

3. Reasonable Care

Be reached with reasonable care

HMRC guidance notes that the CEST output can be used as an example of a valid SDS, and if you use a third-party tool, you still need to ensure the output meets the valid SDS requirements.

Supply chain: who gets the SDS and why it matters

While the rules don’t “force” a specific distribution method, in practice you must ensure the SDS is shared properly because liability follows it.

Until the SDS is passed down The client remains responsible

as the deemed employer (PAYE liabilities).

When passed to next party

Parties in the chain may also have obligations to pass it on, or they can become the deemed employer.

Final responsibility

The party who fails to pass it down the chain becomes liable for tax obligations.

Key point:

Don’t assume someone else will distribute the SDS. Keep clear records of who received it and when.

The 45-day disagreement process

If a worker (or deemed employer in the chain) disagrees with an SDS, the client must, at minimum:

Critical deadline:

If the client fails to respond within 45 days, the client becomes the

deemed employer for PAYE purposes

until they respond.

What your response should do:

Option 1: Confirm

Confirm the original decision with reasons

Option 2: Withdraw & Replace

Withdraw it and issue a new SDS, effective from a stated date

Practical SDS checklist (your "reasonable care" pack)

To make your SDS process defensible and repeatable, keep an audit pack with:

Why this matters:

This aligns with HMRC’s emphasis that the client must take

reasonable care

and that an SDS lacking the required criteria shifts liability back to the client.

SDS template (structure you can reuse)

Use this structure (works as a PDF, email, or portal output):

1. Engagement details

  • Worker / PSC name
  • Client name
  • Role / project
  • Start date (and end date if known)
  • Contract reference/version

2. Status decision (tax)

“If engaged directly, the worker would / would not be an employee for tax purposes.”

3. Reasons (short + specific)

For each factor:

  • Outcome (supports employed / self-employed)
  • Evidence from contract (clause reference)
  • Evidence from working practices (1–2 sentences)

4. Conclusion

  • Final determination (and confidence, if you use it)
  • Date effective from

5. Disagreement process

  • Where to send representations
  • Response timeline (45 days)

6. Sign-off

  • Name/role of approver
  • Date/time

Ready to generate your SDS?

Use our automated SDS generator to create a compliant statement with all required elements.

Common mistakes (and how to avoid them)

Only saying "inside/outside IR35" without proper reasons.

HMRC guidance says that advertising expected status alone is not sufficient for a valid SDS.

Not recording evidence (or not involving the hiring manager)

Disagreements often turn on day-to-day practices.

Not passing the SDS down the chain

This leaves the client exposed as deemed employer.

Not responding to disagreements within 45 days

Failure to respond makes you the deemed employer.

References: Part 9 | Part 10

CEST vs third-party tools

AspectCEST (HMRC tool)Third-party tools
HMRC stanceHMRC will stand by CEST results if the information input is accurate and used according to guidanceHMRC expects the SDS output to meet the "valid SDS" requirements (decision + reasons + reasonable care)
Detail levelBasic status determinationOften provides more detailed reasoning and contract analysis
ValidityAccepted as valid SDS exampleMust ensure output meets all validity criteria

Bottom line:

Whether you use CEST or a third-party tool, ensure your SDS includes the status decision, clear reasons, and evidence of reasonable care.

References: Part 9 | CEST Manual

Frequently Asked Questions

Who issues the SDS?

The client makes the determination and must ensure the SDS includes the status decision, reasons, and is reached with reasonable care.

Reference: GOV.UK Part 9

Clients must respond within 45 calendar days of receiving a disagreement. Failure to respond within this timeframe makes you the deemed employer for PAYE purposes.

Reference: GOV.UK Part 10

A valid SDS includes the status decision (employed or self-employed for tax purposes), the reasons for that decision, and must be reached with reasonable care.

Reference: GOV.UK Part 9

No. Only the end client (or an authorised party acting for them) can issue a valid SDS. Contractors can use assessment tools to understand their likely status, but this doesn’t replace the client’s legal obligation.

If the client has taken reasonable care in making the determination, they have some protection. However, if HMRC determines the status was wrong and reasonable care wasn’t taken, the client may be liable for unpaid taxes and penalties.

Both matter. While contracts set out intentions, HMRC will look at the reality of the working relationship. If working practices differ significantly from the contract, this can affect the status determination.

No — it can be paper or electronic documentation as long as it meets the validity conditions (status decision, reasons, reasonable care).

Reference: GOV.UK Part 9

You can remain the deemed employer (PAYE responsibilities) until it’s passed on. This means you’re liable for tax obligations.

Reference: GOV.UK Part 9

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