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Accountax win IR35 case for contractor
First Word Software Ltd won an IR35 case largely because it was very clearly in control of its own work.
�g , Neil Atkins, managing director of First Word, contracted through a Weybridge, Surrey agency called Plexus� �count, and faced financial risk in completing the contract for Plexus Personnel and Reuters. At times Plexus�
Category:
News
| Thu, 24 Jan 2008
Employment rights claims more limited under James v Greenwich decision
A decision by the Court of Appeal has limited the ability of contractors to claim employment rights. Such claims will become exceptional under the new case law.
�loyment rights when they are working under agency contracts. Contractor Needs To Show 'Good Reason' The case� �taking time off. James had worked under an agency contract with Greenwich Council for three years. James had�
Category:
News
| Wed, 06 Feb 2008
Contractor beats HMRC in IR35 case - Larkstar Data
Welsh contractor Larkstar has beaten down an IR35 attack from HMRC at the General Commissioners.
�The Pontypool, Wales-based contracting firm Larkstar Data Limited has won an IR35 case a� �Automobile Association outside the context of the contract it originally engaged in,'' says Kell. ''There ar�
Category:
News
| Thu, 07 Feb 2008
Contractors must fear HMRC's IR35 'interviews'
HMRC is seeking to have the right to ''interview'' clients in IR35 cases without regard to accuracy and use it in court. PCG points out that this is not a recipe for a fair hearing.
�ppened when you were working for the client under contract. Of course the manager will tell the truth in cou�
Category:
News
| Fri, 07 Mar 2008
An end to expense deductions for IR35-caught contractors?
A source close to the Treasury has told ContractorCalculator that HMRC is seriously considering cutting out the expenses deductions for IR35-caught contractors.
�ld be yet another in the series of attacks on the contracting industry that began last year with the Managed Se� �growing use of structures, such as...overarching contracts of employment with employment businesses, to obta�
Category:
News
| Tue, 01 Apr 2008
Accountax win shows importance of IR35 fundamentals when contracting
Accountax has won an IR35 case, obliging the Revenue to drop the matter before it went to court. IR35 fundamentals were the key.
�tentive to IR35 issues,'' Thomson explains. ''The contract clearly indicated that the contractor had control�
Category:
News
| Tue, 29 Apr 2008
Contractor loses IR35 appeal - substitution clause viewed as “window dressing”
Contractor loses IR35 appeal as the hypothetical contract says his relationship with the client was one of employment.
�he relationship was overwhelmingly of employment. Contracts No Protection Shepherd’s defence hinged on a rang� �ounds that the contractor, Keith Shepherd, had a ‘contract of service’ with his client and the relationship�
Category:
News
| Wed, 04 Jun 2008
Dragonfly IR35 appeal at the high court – decision unlikely “for at least weeks"
The appeal of Dragonfly Consulting Ltd has now been heard at the High Court. Dragonfly lost its original case and faces back taxes of £99,000.
�t if the appeal fails it will be bad news for the contracting sector.�
Category:
News
| Fri, 06 Jun 2008
Inflexible clients driving contractors into IR35?
As a new survey by a major online job board highlights the IT sector’s poor record on flexible working, ContractorCalculator asks if this has contributed to contractors falling within IR35?
�rs into IR35, but may also be driving them out of contracting altogether. The survey run by theitjobboard.com –� �run by theitjobboard.com – a leading source of IT contracts and jobs – also reveals that IT workers rated fle� �arcel’ of a firm, then this suggests the notional contract is one of service; they are effectively an employ�
Category:
News
| Mon, 23 Jun 2008
Dragonfly decision could threaten IR35 defences for thousands of contractors
With the ruling by the High Court on the Dragonfly Consultancy Ltd. v HMRC case due shortly, a decision against the contractor Jon Bessell could threaten IR35 defences for tens of thousands of contractors.
�eaten the defence offered by tens of thousands of contracts who might come under investigation. ContractorCal� �nd-user client when asked about substitution. The contract between Dragonfly and the agency DPP suggested co�
Category:
News
| Tue, 19 Aug 2008
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