IR35: Foreign - Question 3  

Can I avoid the IR35 legislation by using an offshore Personal Service Company?

No. If you would have been liable to UK tax and NICs if you had been employed directly by the client, there will be a liability for UK tax and NICs under the IR35 legislation, whether or not your Personal Service Company is located in the UK.
If an offshore PSC fails to deduct and account for PAYE tax and NICs due under the legislation, liability to pay tax and NICs can be transferred to the worker. Action to recover employer's NICs not paid by an offshore PSC could also include action against any assets of that company located in the UK.

HMRC has powers to obtain details of payments to offshore companies from the records of clients and agencies.