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Marlen IR35 case: contractor pursued by HMRC despite failing all key employment tests
Engineering contractor Phil Hughes failed all of the key tests of employment, as the full ruling of the Marlen Ltd v HMRC IR35 tax tribunal reveals.
�ruling transcript . Yet despite this, Hughes, who contracts through his own limited company Marlen, was pursu� �ntrol which would have been needed to establish a contract of employment just did not exist. The appeal ther�
Category:
News
| Fri, 15 Jul 2011
Supreme Court Autoclenz ruling confirms ‘sham’ contracts can’t disguise employment
Contractors can’t use ‘sham’ contracts to create a business-to-business relationship that in reality does not exist, confirms the Autoclenz ruling.
�Contractors can’t use ‘sham’ contracts to create a business-to-business relationship wit� �his Court”. And applying case law developed under contract law, Lord Clarke said that the original Employmen�
Category:
News
| Wed, 27 Jul 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.
�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
Contractors shun HMRC’s IR35 helpline in favour of employment law and tax experts
Contractors clearly don’t trust HMRC’s IR35 advice, judging by the low number of calls to its IR35 helpline revealed by our freedom of info’ request.
�s turning to HMRC, probably preferring to call on contracting service providers who contractors know will be wo�
Category:
News
| Wed, 14 Sept 2011
Contractors who involve expert IR35 advisors can close down HMRC investigations early
Early intervention by expert advisors can prevent HMRC investigations turning into full blown status reviews.
�ited company with multiple income streams from IT contracting, landscape gardening and property letting.” Despi� �spotted the substitution clause in the haulier’s contract and asked the client if it was genuine: “The clie�
Category:
Articles: IR35
| Tue, 22 Nov 2011
New IR35 ruling: Partial victory for JLJ Services v HMRC
Contractor John Spencer’s company JLJ Services failed to win its IR35 case outright against HMRC but reduced its £140,000 tax bill.
�ey facts of the case: IT contractor John Spencer, contracting via his own company JLJ Services, worked on contr� �cting via his own company JLJ Services, worked on contracts for client Allianz from 2000 to 2007 HMRC claimed� �n ruled that only the last four of the seven-year contract with client Allianz were inside IR35. Key facts o�
Category:
News
| Fri, 09 Dec 2011
Contractor avoids £141,000 tax bill with partial victory in IR35 tribunal ruling
Contractor John Spencer’s company JLJ Services failed to win its IR35 case outright, but IR35 was found to apply in only 4 of the 7 years in dispute.
�Key facts of the case IT contractor John Spencer, contracting via his own company JLJ Services, worked on contr� �cting via his own company JLJ Services, worked on contracts for client Allianz from 2000 to 2007 HMRC claimed� �n ruled that only the last four of the seven-year contract with client Allianz were inside IR35 . Spencer’s�
Category:
News
| Mon, 12 Dec 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.
�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
Public sector contractors deserve praise and recognition, not to suffer a witch-hunt
Genuine contractors shouldn’t be subject to a government and media witch-hunt, because the tool to identify & tax disguised employees is there – IR35.
�as employees.” Call for greater understanding of contracting’s contribution Contractor organisations have resp� �s on assignment with the civil service have their contracts breached and are forced to become employees again�
Category:
News
| Wed, 22 Feb 2012
IR35 Changes in April 2012 should lead to ‘substantive progress’, says OTS
Contractors need “substantive progress” on IR35 administration, says the Office of Tax Simplification in its small business tax review final report.
�orum – a body with representatives from HMRC, the contracting sector and professional advisors – to produce rec� �ther than on those that may have just an isolated contract that may breach IR35.” It expects to see the publ�
Category:
News
| Wed, 29 Feb 2012
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