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Can ‘inside IR35’ contractors claim full employment rights at tribunal?
Contractors deemed ‘inside IR35’ under the Off-Payroll legislation could succeed with an employment rights claim, says tax barrister Alexander Wilson.
�Contractors that have been assessed as ‘inside IR35’ by clients under the Off-Payroll legislation - t� �o withhold requested documents, which may include contracts, payslips, or meeting notes. This is also the poi� �trong case if the working practices are akin to a contract for services . Though previous ET rulings have he�
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Articles: Off-Payroll (IR35) Reforms
| Mon, 20 Apr 2020
Off-Payroll audit guide: Why client and agency cooperation is key to compliance
Clients and recruitment partners need to work together to achieve compliance and avoid the financial and criminal risks posed by Off-Payroll.
�lient. HMRC is also known to ‘play the spaces’ in IR35 tribunal cases. Should a case make it to tribunal� �f tax evasion. Establishing policies and drafting contracts which convey compliance will not alone rid client� �ssary financial analysis to determine the amended contract fees that they can afford to offer contractors. T�
Category:
Articles: Off-Payroll (IR35) Reforms
| Mon, 14 Sept 2020
CEST-gate and DWP’s £87m – to win, don't play the game
IR35 Shield CEO Dave Chaplin analyses the latest episode of CEST-gate and explains why the only winning move is not to use CEST at all.
�IR35 Shield CEO Dave Chaplin explains why there may be� �ces created by newbies to the market based around contracts and processes that mean you can answer CEST in a� �ary substitution rights who all think that simple contract caluse and demonstrating that you might know some�
Category:
Articles: Off-Payroll (IR35) Reforms
| Tue, 31 Aug 2021
How contractors can reclaim their tax for a wrongful IR35 assessment
Contractors who have been adversely affected as a result of the Off-Payroll rules could recoup thousands of pounds in overpaid tax. Find out how!
�tractors who have overpaid tax as of a result the IR35 reform may find it easier than they thought to re� �r you have had unlawful deductions made from your contracting earnings by a third party. Tax Reclaim isn’t curr� �ad unfair and unlawful deductions made from their contract earnings. However, working in tandem with tax exp�
Category:
Articles: Public Sector IR35 Reforms
| Mon, 25 Jun 2018
Contractor Doctor: If I sign a confidentiality agreement in my name am I inside IR35?
Contractors asked to sign confidentiality agreements in their name, and not their limited company’s, are unlikely to be at risk.
�with a new client. I had my contract checked for IR35 by a consultant and it received the all-clear. Bu� �a confidentiality agreement. Good luck with your contracting! Contractor Doctor� �rganisation and therefore not bound by employment contracts. Clients can’t change contractual terms, in theor� �ctor and I’ve just started work on a six-month IT contract with a new client. I had my contract checked for�
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Articles: Contractor Doctor Q+A
| Mon, 31 Jan 2011
Contractor Doctor: If my client blocks a substitution can I claim breach of contract?
Contractors refused their right of substitution may find their client in breach, and termination could be one outcome, says Roger Sinclair of Egos.
�illing the contract to specification and as to my IR35 status. If my client blocks a substitution, can I� �forming the very services that the contractor has contracted to perform; thus the client is preventing the con� �before the contract begins.” Good luck with your contracting! Contractor Doctor� �stitution provisions in the upper and lower level contracts, and if the client refuses to allow a substitutio� �n , even though it was expressly written into the contract, which leaves me concerned both about fulfilling�
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Articles: Contractor Doctor Q+A
| Thu, 27 May 2010
Contractor doctor: how should I handle contracting for short periods of a few days?
What's the best way to handle contracting when you work one day at one company, two days at another--and in general you work under verbal agreements for very short terms? A limited company is still the best bet.
�it okay not to have a contract? Also, what about IR35? Yours sincerely, Eva Contractor Doctor says: Und� �t there are many industries in which this kind of contracting takes place. What is special about certain indust� �he contractor at risk. But in certain industries, contracts are governed by standard practice and in this cas� �best way to handle this: is it okay not to have a contract? Also, what about IR35? Yours sincerely, Eva Cont�
Category:
Articles: Contractor Doctor Q+A
| Mon, 21 Apr 2008
Dividends and contracting: calculation, payment and taxation
You may take dividends from your limited company whenever you are certain that there are after-tax profits to be divided up. Here's how you calculate them.
�pital you may need for your company as well. What IR35 issues are there with contractor dividend payment� �best form of payment for contractors? If you are contracting and running a limited company , the most advantag� �ments? If you believe your revenue is earned from contracts that are inside IR35 , then you must not take div�
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Articles: Limited Companies
| Thu, 15 Mar 2018
Running your limited company - a contractors guide
This article lists the on going responsibilities and obligations of running a limited company.
�arise you will need to consider the following: 1. IR35 IR35 is a fundamental issue which you will need t� �u will need to consider at the very start of your contracting career and every time you accept a contract. You� �d to seek specialist legal advice for the various contracts you undertake in order to ensure that your decisi� �ur contracting career and every time you accept a contract. You will need to familiarise yourself with the r�
Category:
Articles: Limited Companies
| Mon, 06 Feb 2006
Dividends – calculation, payment and taxation
Contractors using limited company structures can get significant tax advantages by paying themselves dividends. This article explains how dividends work.
�out a dividend to the shareholders. Dividends and IR35 Most contractors using a limited company operate� �idends has been updated. Please see Dividends and contracting : calculation, payment and taxation . Introductio�
Category:
Articles: Limited Companies
| Wed, 09 Aug 2006
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