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IR35 danger: when your contract is different from the agency-client contract
HMRC always obtains the agency-client contract and compares it with the contractor contract. They rarely agree, and this spells trouble.
�ract that you have with the agency. Two Different Contracts This presents a serious challenge to contractors,� �In IR35 cases, HMRC always obtains the contract between the agency and the client and compares it�
Category:
Articles: IR35
| Mon, 10 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
Financial impact of IR35 on contractors
A contractors take home pay is reduced by up to 25% when caught.
�ntractors do to avoid the finacial impact of IR35 Contract Review: It is important to take IR35 legal advice�
Category:
Articles: IR35
| Fri, 27 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
Put yourself outside IR35 by bringing in expert help
Contractors can apply simple strategies to add weight to their status by employing expert sub-contractors to work on their contracts.
�m with an aspect of their work on a contract. Sub-contracting work to an expert colleague can cost quite a lot� �ir own right. Substitution clauses appear in many contracts, both when the contract is direct with the client� �st to help them with an aspect of their work on a contract. Sub-contracting work to an expert colleague can�
Category:
Articles: IR35
| Mon, 01 Sept 2008
Crucial Dragonfly Consulting IR35 appeal has been lost
The contracting sector is reeling after Dragonfly’s John Bessell loses a crucial IR35 appeal at the High Court.
�Bessell, leaving him with a huge tax bill and the contracting sector with an even bigger headache. Dragonfly Co� �put forward by Bessell’s defence team. ‘Notional Contracts’ The Treasury-proposed IR35 legislation has allow� �roved by HMRC to have been within IR35 during his contract with client The Automobile Association. Supported�
Category:
News
| Thu, 04 Sept 2008
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