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IR35: Page 9

IR35 Changes in April 2012 should lead to ‘substantive progress’, says OTS
Contractors need “substantive progress” on IR35 administration, says the Office of Tax Simplification in its small business tax review final report.

Public sector contractors deserve praise and recognition, not to suffer a witch-hunt
Genuine contractors shouldn’t be subject to a government and media witch-hunt, because the tool to identify & tax disguised employees is there – IR35.

Key facts overlooked in JLJ Services IR35 ruling: contractor ‘sets record straight’
Contractor John Spencer reveals in this exclusive interview with ContractorCalculator how key facts were overlooked in the JLJ Services IR35 ruling.

Contractor avoids £141,000 tax bill with partial victory in IR35 tribunal ruling
Contractor John Spencer’s company JLJ Services failed to win its IR35 case outright, but IR35 was found to apply in only 4 of the 7 years in dispute.

New IR35 ruling: Partial victory for JLJ Services v HMRC
Contractor John Spencer’s company JLJ Services failed to win its IR35 case outright against HMRC but reduced its £140,000 tax bill.

Contractors who involve expert IR35 advisors can close down HMRC investigations early
Early intervention by expert advisors can prevent HMRC investigations turning into full blown status reviews.

ContractorCalculator FOI Request reveals HMRC IR35 data unfairly targets contractors
Contractors may be unfairly targeted by HMRC IR35 reviews, as a ContractorCalculator FOI request reveals data based on the P35 Question 6 lacks focus.

Full history of IR35 reviews by HMRC: 4208 investigations generated only £12m in tax
HMRC reveals the number of IR35 reviews and subsequent tax yield between 2000 & 2006: 4208 IR35 reviews generated only £12m in tax.

HMRC’s IR35 tax yield data reveals only £219,180 was paid by contractors in 2010/11
Calm before the storm? Contractors only paid £219,180 in IR35 tax with just 23 reviews last year, HMRC admits. But that could all be about to change.

Contractors are bolstering their IR35 defences with lessons from new online IR35 Test
Contractors taking ContractorCalculator’s free online IR35 Test are successfully overcoming everyday IR35 challenges, explains Seb Maley of Qdos.

Contractors shun HMRC’s IR35 helpline in favour of employment law and tax experts
Contractors clearly don’t trust HMRC’s IR35 advice, judging by the low number of calls to its IR35 helpline revealed by our freedom of info’ request.

Primary Path IR35 case: HMRC was predestined to lose case offering important lessons
Contractor Phil Winfield of Primary Path was so obviously a genuine contractor and outside IR35 that HMRC was bound to lose, shows the Judge’s ruling.

Supreme Court Autoclenz ruling confirms ‘sham’ contracts can’t disguise employment
Contractors can’t use ‘sham’ contracts to create a business-to-business relationship that in reality does not exist, confirms the Autoclenz ruling.

Marlen IR35 case: contractor pursued by HMRC despite failing all key employment tests
Engineering contractor Phil Hughes failed all of the key tests of employment, as the full ruling of the Marlen Ltd v HMRC IR35 tax tribunal reveals.

IR35 victory for Primary Path Ltd against HMRC
Phil Winfield has won his eight-year fight against HMRC, with a first tier tax tribunal finding his company, Primary Path, to be a genuine business.

Contracting business Marlen Ltd. wins IR35 case against HMRC
Contractor Gary Hughes has won his IR35 case against HMRC, with the tribunal finding that his relationship with client JCB was not one of employment.

ECR Consulting IR35 ruling reveals the many factors that kept contractor outside IR35
Contractor Elaine Richardson was found by Judge David Porter to be outside IR35, according to all key employment status tests.

IR35 and contracting: just why do cases take so long to be resolved?
You can be forced to endure years of stress before your case is resolved with HMRC.

Contracting business ECR Consulting wins IR35 case after five-year battle with HMRC
IT contractor Elaine Richardson has won her IR35 case against HMRC, with the tribunal finding that her company ECR Consulting ‘is a genuine business’.

IR35 Forum will see PCG represent contractors to ensure better IR35 administration
The government’s new IR35 Forum has been set up in the wake of the Chancellor’s decision to retain IR35, and will see contractors represented by PCG.

IR35: MBF Design – was it the IR35 case that got away amid the thousands HMRC caught?
In the period when contractor Mark Fitzpatrick was at Airbus, many contractors were found to be inside IR35; was MBF Design the one that got away?

IR35: MBF Design Services v HMRC – key facts from the case for contractors to note
HMRC’s weak position and less than scrupulous methods show it should never have brought its IR35 case against MBF Design Services.

IR35 Solutions: Improved targeting by HMRC will increase the quality of enforcement
If it is to remain in the medium term, HMRC can apply its expertise to improve targeting and increase the quality and consistency of enforcement.

IR35 insurance – cover yourself with contractors’ tax investigation cover
Contractors investing in insurance are buying peace of mind. Or are they? Not all policies are what they seem, so check the small print.

IT contracting lessons in Agile Development for HMRC: IR35 and test-first taxation
IT contracting can offer HMRC lessons in the development of taxation and insights into why IR35 failed, writes ContractorCalculator CEO Dave Chaplin.

IR35 tribunal win for MBF Design Services confirms importance of MOO
Contractor Mark Fitzpatrick has secured an IR35 win with PCG’s help, with a tax tribunal clearing him of using his limited company to avoid tax.

Reviewing your contract for IR35 status – a guide for contractors
You should always get your contract reviewed for status by an expert, to ensure you have taken ‘reasonable care’ in the eyes of HMRC.

IR35 Solutions – Part 2: The evolving context of IR35
ContractorCalculator identifies factors likely to affect IR35’s replacement, in this second of a series of articles analysing possible IR35 solutions.

IR35 Solutions – Part 1: Determining the objectives of IR35’s potential replacements
In the first of a series of articles analysing potential solutions to IR35, ContractorCalculator examines the objectives of IR35 and its replacements.

Contractor’s bid for employment rights denied as Tilson loses Tilson v Alstom appeal
Contractor Andrew Tilson has lost his appeal and been denied the right to claim for unfair dismissal from his former client Alstom Transport.

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