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NHS locum’s Upper-Tribunal IR35 appeal could set precedent for Off-Payroll practices
An NHS locum is to challenge an IR35 tribunal judgment in a case which could benefit healthcare workers affected by IR35 and the Off-Payroll rules.
�An NHS locum is to challenge an IR35 tax tribunal judgment at the Upper Tribunal (UT)� �overturned his deemed IR35 status for one of the contracts. Now, backed by the Independent Health Profession� �ovide testimony, and in the absence of a physical contract, the judge was required to make assumptions as to�
Category: News | Thu, 26 Sept 2019

Off-Payroll: HMRC’s guidance versus the facts
ContractorCalculator examines HMRC recent Off-Payroll guidance, exposing its confusing, contentious and often contradictory advice.
�. HMRC client guidance lacks fundamental grasp of IR35 From the offset, the taxman’s Off-Payroll guidanc� �ved. Often contrary to the practical realities of contracting, and occasionally at odds with the Off-Payroll le� �lk. Instead, clients are more likely to advertise contracts as ‘inside IR35’ or ‘PAYE only’, diminishing thei� �to arrangements where the worker is engaged in a contract of service . This may seem pernickety, but the ul�
Category: News | Thu, 10 Oct 2019

IR35 BREAKING NEWS: Government announces 12-month Off-Payroll delay
Government has announced a shock 12-month delay to the private sector rollout of the Off-Payroll legislation in response to the Covid-19 outbreak.
�k due to the virus for contractors deemed ‘inside IR35’ and effectively forced into ‘zero rights employm� �we must come up with a way to properly recognise contracting and freelancing in the tax system and ensure peop�
Category: News | Tue, 17 Mar 2020

HMRC announces plans to resolve Off-Payroll drafting errors
HMRC has announced it intends to resolve a recent legislative amendment to Off-Payroll that causes unintended consequences throughout the contractor supply chain.
�efines as an ‘intermediary’ A technical report by IR35 Shield concluded that the amendment would classif�
Category: News | Thu, 15 Oct 2020

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.
�de an accurate assessment of employment status or IR35, writes Matt Boddington, director at employment s� �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

Survey: Major business disruption if new Off-Payroll tax hits the private sector
A ContractorCalculator survey has found many UK firms risk spiralling costs, intensified skills shortages and legal action if the new Off-Payroll tax hits the private sector.
�f contractors either wouldn’t consider an ‘inside IR35’ contract or would only do so with a significant� �of its flexibility. 23% of respondents would quit contracting altogether 51% said they would consider changing� �pondents indicating that they would seek to avoid contracts considered to be caught by IR35. 25% claimed they� �ractors either wouldn’t consider an ‘inside IR35’ contract or would only do so with a significant rate rise�
Category: News | Wed, 04 Jul 2018

ContractorCalculator sounds Off-Payroll IR35 campaigning alarm for sector
Contractors are being urged to fight the Off-Payroll rules, amid warnings that the contracting industry is sleepwalking towards disaster.
�hands.” Contractors ‘sleepwalking towards edge of IR35 cliff’ “Unless more people get involved with the� �st the Off-Payroll rules , amid warnings that the contracting sector is sleepwalking towards disaster. Contribu� �, meaning contractors who are engaged in 12-month contracts by April 2019 risk being forced into ‘inside IR35� �e sector was met with near radio silence from the contract sector, which is exactly what Government needs to�
Category: News | Wed, 28 Nov 2018

Unlawful Network Rail blanket approach finds 99% of workers inside IR35, reveals FOI
99% of Network Rail contractors have been deemed caught by the Off-Payroll rules as a result of unlawful blanket assessments encouraged by HMRC.
�r the course of the year were adjudged outside of IR35, while 810 were deemed caught. This astronomical� �Unlawful Off-Payroll approach threatens future of contracting As the figures from Network Rail suggest, incorpo�
Category: News | Wed, 01 May 2019

CEST caused 98% and 87% ‘deemed employee’ rates at Met Office and CCS, FOIs reveal
FOIs reveal more absurdly high ‘deemed employee’ rates produced by CEST for contractors assessed by both the Met Office and Crown Commercial Service.
�IR35 status assessments conducted by both the Met Offi� �yed refusing to work in the public sector despite contract rates rising considerably.” Chaplin concludes: “L�
Category: News | Mon, 13 May 2019

Leaked HMRC webinar suggests taxman has misled the NHS on IR35
Misguided advice issued by HMRC to the NHS during an IR35 webinar has prompted concerns that Trustees are misclassifying locums as 'deemed employees'.
�nto question HMRC’s grasp of the laws surrounding IR35 and expressed fear that the taxman has misled the� �rees were subject didn’t constitute there being a contract of service in place, as HMRC had erroneously clai�
Category: News | Wed, 10 Oct 2018

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