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The quantum fog of the Agency Workers Regulations may be lifting for contractors
Contractors trying to peer through the quantum fog of the AWR hoping for answers will be pleased to learn that IR35 is, in theory at least, unrelated.
�is that AWR is, in theory at least, unrelated to IR35 . Lawspeed’s Adrian Marlowe is clear that IR35 em� �s clarified one of the conundrums bedevilling the contracting sector since the Agency Workers Directive (AWD) w� �acknowledged and used to create the hypothetical contract used to determine IR35 status include substitutio�
Category: News | Thu, 14 Jul 2011

IR35 Forum – what’s the best we can expect?
IR35 is to be better administered, which in reality means better enforced, because HMRC would not be doing its job properly if it were otherwise.
�IR35 will be better administered , we’ve been assured.� �rs are choosing flexible working, freelancing and contracting over employment. So, to maintain the same levels�
Category: News | Thu, 14 Jul 2011

IR35 alternatives: separating what contractors want from what is practical
Stronger IR35 enforcement is almost certainly not what contractors want, but it may be the only practical solution from the options offered by OTS.
�IR35 enforcement, strengthened through better targetin�
Category: News | Mon, 14 Mar 2011

New IR35 status tests must avoid catching genuine contracting businesses in IR35 web
To avoid damaging the flexible workforce & its contribution to the UK’s economic recovery, any new IR35 status tests must exclude genuine contractors.
�New IR35 status tests are badly needed to provide certaint� �de certainty to contractors and all others in the contracting supply chain, as well as to everyone else involve� �e of skill and often experience; in fact, on many contracts the contractor is often the only person who knows�
Category: News | Tue, 28 Sept 2010

IR35: making a monkey out of contractors... or HMRC?
Between the extremes of pass & fail, the existing tests to determine IR35 status leave many contractors in an evolutionary legislative no man’s land.
�The evolution of IR35 , and whatever IR35’s successor might be, makes m� �e or leaving work employed on Friday to come back contracting with their former employer on Monday. And between� �simple rules based on certainties like length of contract or previous employer – that would instantly tackl�
Category: News | Thu, 04 Nov 2010

IR35’s replacement isn’t a simple legislative game – it’s Guess Who? with 1.4m people
Because flexible workers come in all shapes and sizes, and are given various labels in different sectors, creating an IR35 replacement won’t be easy.
�Simplification as it considers a replacement for IR35 . OTS Tax Director John Whiting’s warning that IR�
Category: News | Thu, 02 Sept 2010

The moving feast that is IR35
In the space of a few short weeks we’ve been told the demise of IR35 is imminent and seen the publication of new case law guidance by HMRC.
�IR35 is being abolished. Oh no it isn’t! Oh yes it is!� �just saying that if you don’t have an employment contract you don’t get taxed like an employee is also unfa�
Category: News | Thu, 27 May 2010

Does HMRC even know where its ‘better administration of IR35’ target is?
If contractors agree to trial HMRC’s new IR35 framework for 12 months, how are we going to measure if ‘better administration’ has been achieved?
�Let’s say we give HMRC’s new IR35 framework a chance, as has been suggested by IR35� �he situation reminds me of project managers on IT contracts asking for things to be ‘quicker’, ‘cheaper’, ‘mo�
Category: News | Fri, 18 May 2012

Making clients responsible for policing IR35 would be a disaster for contractors
All the evidence shows that HMRC can’t effectively police IR35. But making clients responsible for enforcement would be disastrous for contractors.
�HMRC can’t police IR35 ; contractors routinely ignore it and the limited� �status, and only hire on a fixed-term employment contract basis. A third of the UK’s IT contractors working�
Category: News | Tue, 28 Feb 2012

Limited company contractors claiming AWR rights have little chance of avoiding IR35
Limited company contractors can’t have their cake and eat it: asking for rights under the Agency Workers Regulations is asking for trouble with IR35.
�gulations (AWR) are asking for trouble with their IR35 status. By saying they are outside IR35, contract� �isers negotiate out nasty clauses in their agency contracts; reaching a compromise with their agency or clien�
Category: News | Fri, 14 Oct 2011

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