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How could Atholl House and Uber tribunal decisions affect IR35?
Two recent tribunal decisions involving presenter Kaye Adams and ride-hailing app Uber could bear significant repercussions for IR35.
�ight afforded to Autoclenz in tax tribunals where contracts are not found to be a ‘sham’. Last month, the UT� �engaging contractors outside of IR35. Freedom of contract underpins Uber defeat The workers’ rights afforde�
Category: News | Fri, 05 Mar 2021

IR35: Northern Lights v HMRC (UT) – IT contractor appeal dismissed by Upper Tribunal
HMRC’s victory at UTT is a warning not to rely on unexercised substitution clauses and to ensure working practices facts are communicated at FTT.
�intended engagement that have been inserted into contracts. This is not new. “As far back as 2008 in the Alt� �substitution clauses still window dressing Lee’s contract did include a legitimate unfettered right of subs�
Category: News | Fri, 11 Jun 2021

Rough Tax Justice II – IR35 defence duo pinpoint importance of fact-find
The IR35 defence duo Chris Leslie of Tax Networks and Dave Chaplin of IR35 Shield explore issues at the coalface of their IR35 defence work.
�skills and operated its business through several contracts in the IT Industry. HMRC’s opinion was that RALC� �to retrospectively consider IR35 status after the contract commenced, following which all the events had tak�
Category: News | Mon, 26 Jul 2021

BREAKING: IR35 appeal progresses in Mantides UTT as we await PGMOL CoA ruling
Urologist George Mantides has appealed an FTT split decision in the UTT and, so far, emerged victorious, depending on MOO decision from CoA PGMOL.
�n error of law on the subject of the hypothetical contract. According to the UTT ruling, “the appellant subm�
Category: News | Thu, 12 Aug 2021

Tax tribunal dismisses IR35 appeal for Little Piece of Paradise
Ex Sky TV presenter Dave Clark fails to appeal HMRC determinations and notices relating to arrangements entered into between Little Piece of Paradise Limited and Sky TV.
�acknowledged that the parties did not intend the contracts to be the exclusive record of the terms of their� �to a sufficient degree for the engagement to be a contract of service. Dave Chaplin, CEO of IR35 Shield , wh�
Category: News | Fri, 05 Nov 2021

Basic Broadcasting Limited wins IR35 appeal after seven-year nightmare for presenter Adrian Chiles
Adrian Chiles has won his IR35 tax appeal after a seven-year nightmare for his media-based firm Basic Broadcasting Limited ("BBL").
�tially heard the appeal in November 2019, but she contracted Covid-19 in the early part of the pandemic and su� �he tribunal's partial analysis found that all the contracts created the initial impression of contracts of em� �lied the IR35 statute and the tests to identify a contract of service based on the 1968 case of Ready Mixed�
Category: News | Wed, 16 Feb 2022

McCann Media Limited IR35 appeal dismissed by FTT
A second tribunal decision relating to services provided to Sky has now been released with the tribunal again not upholding the appeal.
�was no finding as such by the judge, nor were the contracts deemed to be a sham." Again, the unfairness of IR� �re, meant that the provisions of the hypothetical contract were consistent with a contract of employment. Da�
Category: News | Wed, 16 Mar 2022

Major loss for HMRC after Atholl House Court of Appeal ruling
HMRC suffered a huge IR35 blow at the Court of Appeal after the three judges unanimously rejected their primary ground of appeal, despite the case now being remitted back to the UT.
�with the alteration of the identity of one of the contracting parties). That contract, like any other agreement� �x year(s) in question. The position under earlier contracts between the same parties is admissible as part of� �e necessary, but not sufficient, conditions for a contract of employment, and if those conditions are satisf�
Category: News | Tue, 26 Apr 2022

Structural problems remain with IR35, says Public Accounts Committee
Public Accounts Committee report says “widespread non-compliance” with IR35 tax reforms in central government departments is “not acceptable”.
�misjudged and damaging legislation heaped on the contracting sector and the sensible option would be to go bac�
Category: News | Wed, 25 May 2022

Third IR35 case involving BSkyB dismissed at FTT - Alan Parry Productions Ltd
The FTT has not upheld a third IR35 tribunal decision regarding commentator services provided to BSkyB.
�picking up the tax bill, not APPL. Standard form contracts unhelpful All freelancers hired by Sky were under� �avily relied upon a literal interpretation of the contract. Unfairness bites again Whilst the headline amoun�
Category: News | Mon, 04 Jul 2022

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