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HMRC’s CEST figures, obtained by FOI, indicate widespread wrongful tax treatment
Thousands of contractors are overtaxed and can appeal following public sector IR35 reforms, findings from a ContractorCalculator investigation suggest.
�actors who have actually substituted during their contracts,” says Chaplin. “Some of these decisions were pro� �T have determined that IR35 does not apply to the contract. Given that many public sector contractors have f�
Category: News | Wed, 25 Apr 2018

How to lobby your MP against more damaging IR35 reforms
The recent IR35 reforms caused considerable damage and could hurt you if rolled out to the private sector. Please lobby your MP now to prevent this - here’s how.
�or. The taxman ignored the warnings issued by key contracting stakeholders when deciding to press ahead with th�
Category: News | Wed, 30 May 2018

Latest contractor IR35 tribunal win suggests HMRC knew CEST was flawed upon launch
Details of a third defeat for HMRC in four IR35 tribunals to emerge this year suggests that the taxman knew CEST was legally flawed upon launch.
�th ATDS’s experience. “From his previous industry contracts, Armitage was able to demonstrate that a substitu� �ween the two parties. That would be true of every contract, both employment and for services, otherwise the�
Category: News | Fri, 01 Jun 2018

Have Off-Payroll IR35 reforms rendered contractors guilty until proven innocent?
With the Off-Payroll rules, HMRC has created a regime whereby contractors are considered caught by IR35 unless they can conclusively prove otherwise.
�ntermediary must now prove that: The hypothetical contract between their company and the client couldn’t be�
Category: News | Tue, 12 Jun 2018

HMRCs IR35 CEST tool without MOO can never be fully accurate says legal tax expert
IR35 tribunal history shows that, without considering MOO, HMRC’s CEST tool can never be fully accurate, says Chartergates director, Matt Boddington.
�roject he was engaged on were to suffer a hiatus. Contracting ‘inherently inconsistent’ with employment Most co� �ligation is that it determines whether there is a contract in existence at all. Without mutuality of obligat�
Category: News | Thu, 14 Jun 2018

Has HMRC misled the Chancellor and Treasury on the Off-Payroll tax and IR35 rules?
HMRC’s integrity has been called into question after correspondence emerged suggesting the Chancellor and Treasury may have been misled on the law.
�ves payment for doing so – better understood as a contract existing between the two parties. CEST assumes as�
Category: News | Tue, 19 Jun 2018

Latest EAT ruling reinforces that HMRC erred in law with CEST tool
An EAT has overturned an earlier tribunal decision due to a lack of mutuality of obligation, proving that HMRC erred in law by omitting MOO from CEST.
�nt at the point of considering or entering into a contract.” The ruling aside, the fact that an EAT almost e�
Category: News | Wed, 27 Jun 2018

Off-Payroll (IR35) small company’s exemption fraught with difficulty, says JSA
Proposals to introduce a small company exemption to the Off-Payroll rules in the private sector pose numerous problems, says Chris James of JSA.
�he expects the criteria to be amended to include contract engagements. Small company criteria at risk of ex�
Category: News | Mon, 04 Feb 2019

Reaction to Off-Payroll (IR35) consultation: 12 months to defuse tax time-bomb
Private sector contractor clients have 12 months to mitigate the threats posed by HMRC’s Off-Payroll proposals, warns ContractorCalculator.
�RC proposals risk breakdown of engagements before contracts are signed Hypocritical proposals remove all conc� �ee IR35 status from the offset prior to signing a contract. HMRC has recognised that transparency throughout�
Category: News | Wed, 06 Mar 2019

HMRC’s £1.3bn non-compliance claim in Off-Payroll consultation doesn’t align with OBR
HMRC’s claim as to the cost of non-compliance with IR35 has been called into question after it was revealed that it doesn’t align with OBR forecasts.
�rely different beast. “The public sector, and the contract positions therein, are far more heavily regulated�
Category: News | Fri, 15 Mar 2019

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