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Contracting termination clauses that avoid IR35 risk
The termination clause in a contract can result in a ruling going either way.
�So why should termination clauses be left out of contracts? If a project ends naturally ahead of schedule an� �clauses and notice periods vary considerably from contract to contract. Most are designed to protect the cli�
Category:
Articles: IR35
| Mon, 18 Jan 2021
BREAKING NEWS: Kaye Adams IR35 ruling stands as Tribunal dismisses HMRC appeal
HMRC’s appeal against presenter Kaye Adams’ 2019 IR35 tribunal victory has been dismissed by the Upper Tribunal.
�aced because, when entering into the hypothetical contracts here at issue, Ms Adams would have been entering� �” Ruling emphasises importance of ‘conduct of the contract’ HMRC successfully argued one of its grounds of a�
Category:
News
| Fri, 19 Feb 2021
How could Atholl House and Uber tribunal decisions affect IR35?
Two recent tribunal decisions involving presenter Kaye Adams and ride-hailing app Uber could bear significant repercussions for IR35.
�ight afforded to Autoclenz in tax tribunals where contracts are not found to be a ‘sham’. Last month, the UT� �engaging contractors outside of IR35. Freedom of contract underpins Uber defeat The workers’ rights afforde�
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News
| Fri, 05 Mar 2021
IR35: Northern Lights v HMRC (UT) – IT contractor appeal dismissed by Upper Tribunal
HMRC’s victory at UTT is a warning not to rely on unexercised substitution clauses and to ensure working practices facts are communicated at FTT.
�intended engagement that have been inserted into contracts. This is not new. “As far back as 2008 in the Alt� �substitution clauses still window dressing Lee’s contract did include a legitimate unfettered right of subs�
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News
| Fri, 11 Jun 2021
Rough Tax Justice II – IR35 defence duo pinpoint importance of fact-find
The IR35 defence duo Chris Leslie of Tax Networks and Dave Chaplin of IR35 Shield explore issues at the coalface of their IR35 defence work.
�skills and operated its business through several contracts in the IT Industry. HMRC’s opinion was that RALC� �to retrospectively consider IR35 status after the contract commenced, following which all the events had tak�
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News
| Mon, 26 Jul 2021
BREAKING: IR35 appeal progresses in Mantides UTT as we await PGMOL CoA ruling
Urologist George Mantides has appealed an FTT split decision in the UTT and, so far, emerged victorious, depending on MOO decision from CoA PGMOL.
�n error of law on the subject of the hypothetical contract. According to the UTT ruling, “the appellant subm�
Category:
News
| Thu, 12 Aug 2021
Prove your contract is outside IR35 by collecting key evidence
Contractors generate evidence about it every day and by filing it they could halt an HMRC review at the outset.
�tion and which is beyond what you were originally contracted for, and your relationship with the client is suc� �t was done and how long it took. 4. Tendering for contracts Tendering clearly demonstrates that you are in bu� �ng the client that you are taking time out of the contract and make sure you keep a copy of the email. Times�
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Articles: IR35
| Mon, 01 Nov 2021
Tax tribunal dismisses IR35 appeal for Little Piece of Paradise
Ex Sky TV presenter Dave Clark fails to appeal HMRC determinations and notices relating to arrangements entered into between Little Piece of Paradise Limited and Sky TV.
�acknowledged that the parties did not intend the contracts to be the exclusive record of the terms of their� �to a sufficient degree for the engagement to be a contract of service. Dave Chaplin, CEO of IR35 Shield , wh�
Category:
News
| Fri, 05 Nov 2021
Being "in business on your own account" is key for contractors to stay outside IR35
If you are able to show you are in business on your own account you are on your way to staying outside. The objective is to prove you are not 'part and parcel'.
�usiness. Concurrent clients By the very nature of contracting it is frequently not possible to run concurrent c� �ompare percentages from other sources against the contract under review. For example, if the contractor work�
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Articles: IR35
| Wed, 26 Jan 2022
Basic Broadcasting Limited wins IR35 appeal after seven-year nightmare for presenter Adrian Chiles
Adrian Chiles has won his IR35 tax appeal after a seven-year nightmare for his media-based firm Basic Broadcasting Limited ("BBL").
�tially heard the appeal in November 2019, but she contracted Covid-19 in the early part of the pandemic and su� �he tribunal's partial analysis found that all the contracts created the initial impression of contracts of em� �lied the IR35 statute and the tests to identify a contract of service based on the 1968 case of Ready Mixed�
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News
| Wed, 16 Feb 2022
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