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Covering letters persuading clients to sign an IR35 confirmation of arrangements
Contractors facing challenges securing a signed confirmation of arrangements from a client may find a well-structured covering letter does the job.
�practices. As such a document is a key element of IR35 best practice, it is well worth persisting. A wel� �if the IR35 review is opened some years after the contract. A contractor might use the following points when�
Category: Articles: IR35 | Thu, 10 Jan 2013

IR35 to be reinforced with PSC anti-avoidance measures from 2013
Contractors face new personal service company anti-avoidance measures in the 2013 Finance Bill according to the 2012 Budget.
�use of personal service companies and to make the IR35 legislation easier to understand for those who ar�
Category: News | Wed, 21 Mar 2012

IR35 avoidance: Staying outside if you go contracting for your former employer
When contracting for a former employer, you must prove your new relationship is different.
�face a very real threat of being found inside of IR35 , says Kate Cottrell of contractor IR35 consultan� �ible for a contractor to remain outside IR35 when contracting for a former employer, but they have to work that� �ment. In such cases, she is often asked to review contracts and the working practices to create a bespoke con� �ployer, or being asked to return immediately on a contract basis after redundancy, face a very real threat o�
Category: Articles: IR35 | Thu, 08 Apr 2010

IR35: MBF Design Services v HMRC – key facts from the case for contractors to note
HMRC’s weak position and less than scrupulous methods show it should never have brought its IR35 case against MBF Design Services.
�been completely exonerated of any liability under IR35 by a first-tier tax tribunal. The facts reveal th� �not a disguised employee of client Airbus and his contracts were found to be outside IR35. “The parties’ plai� �intermediaries GED-Sitec and Morson that put the contract well outside IR35. These included: A clause stati�
Category: News | Mon, 07 Feb 2011

Contracting business Marlen Ltd. wins IR35 case against HMRC
Contractor Gary Hughes has won his IR35 case against HMRC, with the tribunal finding that his relationship with client JCB was not one of employment.
�ractorCalculator: “It was always our opinion that IR35 did not apply from the outset. The tribunal found� �hes and his client JCB within each of a series of contracts between JCB and Hughes’ contractor limited compan� �ntrol which would have been needed to establish a contract of employment just did not exist.” Nicola Smith o�
Category: News | Fri, 01 Jul 2011

Key facts overlooked in JLJ Services IR35 ruling: contractor ‘sets record straight’
Contractor John Spencer reveals in this exclusive interview with ContractorCalculator how key facts were overlooked in the JLJ Services IR35 ruling.
�Services tribunal ruling . This found him inside IR35 for four of the seven years under investigation b� �any use” was simply incorrect. Spencer was still contracting at Allianz during this period, but the nature of� �upplied information about my working patterns and contracts that did not feature at all in the ruling. There� �blance to those of an employee, and handed over a contract log that showed that his final year with client A�
Category: News | Wed, 14 Dec 2011

Primary Path IR35 case: HMRC was predestined to lose case offering important lessons
Contractor Phil Winfield of Primary Path was so obviously a genuine contractor and outside IR35 that HMRC was bound to lose, shows the Judge’s ruling.
�ontractor Phil Winfield was so clearly outside of IR35 and genuinely running an IT business via his limi� �e was in place, mirrored by upper and lower level contracts, ie with the contractor’s client and agencies res� �y of obligation – Judge Sadler suggested that any contract which included a substitution clause is unlikely�
Category: News | Wed, 03 Aug 2011

Further details of the Usetech IR35 judgment
Further details of the recent IR35 High Court case which found against former freelancer, Bill Hood and his company Usetech.
�sion by a special commissioner that the effect of IR35 for tax and national insurance purposes was to tr� �he legislation contemplating the existence of two contracts only. The legislative scheme however required the� �000 Mr Hood provided his services not by a direct contract with his one-man company, Usetech Ltd, but throug�
Category: News | Fri, 15 Oct 2004

IR35 contracts, agencies and issues
Examination of the grey areas between client, agent and contractor.
�reasingly difficult to defend contractors against IR35 status enquiries. The "Case Law strategy" adopted� �se, and even to interview the end client's staff. Contracts Armed with the appropriate Case Law, the document� �ould be based upon the terms of the "upper level" contract between the agency and the end client, which the�
Category: News | Mon, 20 Jun 2005

Don’t get irate about IR35!
Almost 100,000 freelance professionals and contract workers in the North West have been hit by new red tape.
�o maximise the effectiveness of the controversial IR35 legislation, introduced in 2000, which the govern� �rm providing specialist services to freelance and contracting professionals. She says: "The IR35 legislation is� �Almost 100,000 freelance professionals and contract workers in the North West have been hit by new re�
Category: News | Wed, 09 Jun 2004

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