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Contractors have won the first battle over IR35, but HMRC is preparing to win the war
Contractors may have won the first, 10-year-long battle over IR35, but now HMRC is getting ready to win the war with a determined fight-back.
�Contractors have won the first battle over IR35 . Sadly, it has taken over ten years and caused c� �rst launched, the group of taxpayers known as the contracting sector has successfully taken on HMRC and won. An� �lients bent over backwards to offer IR35-friendly contracts. Because work was plentiful and rates buoyant, la�
Category:
News
| Tue, 21 Jun 2011
Primary Path: the contractor was not the one that got away
Contractor Phil Winfield was not the one that got away in the Primary Path case. It was the HMRC inspector who insisted the case went to tribunal.
�y Primary Path, through eight painful years of an IR35 investigation culminating in a tribunal. It was t� �itution clauses mirrored in upper and lower level contracts and he was so specialist in his field he could no�
Category:
News
| Wed, 17 Aug 2011
Clients to become champions of IR35-friendly contracts?
The Stringer ruling is the latest in a run of contractor cases placing greater onus on clients to grasp the IR35 nettle. At last!
�d company contractors are clearly working outside IR35 . This follows the House of Lords ruling on the S� �en contractors ask for IR35-related amendments to contracts. And we could see the introduction by some of sta� �ich they can do within 3 months of leaving a long contract. After all, they’re not true contractors and if c�
Category:
News
| Thu, 06 Aug 2009
IR35 Poker: Is taxman bluffing to force contractors under investigation to cave in?
HMRC plays Texas Hold’em with taxpayers’ money by bluffing a strong hand with high stakes up front in the hope that its true hand is never revealed.
�eems it could be so, because the latest tactic in IR35 cases appears to be for tax inspectors to put on� �emselves, by collecting evidence throughout their contracts and asking clients to sign confirmations of arran� �ofessional service providers who can conduct IR35 contract reviews . And contractors can also help themselve�
Category:
News
| Fri, 21 Aug 2009
Staying outside of IR35 might just have got a bit easier following the Tilson ruling
The Tilson ruling may have opened the floodgates to permtractors seeking employment rights. A side effect might make it easier to stay outside IR35.
�hich put an end to any hope of contractors within IR35 getting employment rights from clients, many ‘ pe� �th worlds – the higher earnings that come through contracting through a limited company , combined with the rig� �se clients might start insisting on IR35 friendly contracts and working relationships, driven by the fear of� �be seeing clients and agencies offering proper ‘ contract for services ’ agreements, rather than quasi-empl�
Category:
News
| Tue, 21 Jul 2009
Contractors warned not to be pressured by recruiters into incorporating to avoid AWR
Contractors shouldn’t be pressured by recruiters into incorporating to avoid AWR, as it may not be necessary and could mean more HMRC investigations.
�anies could prompt HMRC to respond with increased IR35 investigations. In an interview with the Recruite� �advice from their recruiter with caution and vet contracting service providers carefully before taking any maj� �actors, incorporating could be what keeps them in contract, even if the people involved might have preferred�
Category:
News
| Thu, 05 May 2011
Umbrella contractors already being encouraged to incorporate because of AWR
Umbrella contractors are already being encouraged to incorporate because of the Agency Workers Regulations, says ContractorCalculator’s Dave Chaplin.
�d that their current contract is actually outside IR35 , their take-home pay has increased sharply and t� �and avoid incorporating: “If a contractor is only contracting as a stop-gap between permanent roles for a coupl� �culator shows,” adds Chaplin. IR35 and short-term contracts Some contractors have chosen an umbrella company� �hrough inertia have discovered that their current contract is actually outside IR35 , their take-home pay ha�
Category:
News
| Mon, 31 Oct 2011
Income shifting measures could be revived, says OTS Tax Director John Whiting
Measures to tackle income shifting – the ‘family business tax’ – are on the Office of Tax Simplification agenda reveals OTS Tax Director John Whiting.
�e Office of Tax Simplification ( OTS ), alongside IR35 and National Insurance, according to OTS Tax Dire�
Category:
News
| Tue, 21 Dec 2010
HMRC CEST tool not updated for five years reveals FOI
New information should alarm firms engaging contractors. HMRC's IR35 Tool has not been updated in five years and is out of date.
�ny business engaging contractors and dealing with IR35 compliance. A Freedom of Information (FOI) reques� �ntractual provisions may be inconsistent with the contract being a contract of service. When applying this t�
Category:
News
| Mon, 25 Mar 2024
Off-payroll repealed – but IR35 still lives after April 2023
As the Government signals intentions for the next Finance Bill, to repeal the Off-payroll working rules, reverting to original IR35, Dave Chaplin explains what led to its downfall, and what businesses, agencies and contractors, should do next.
�ril 2023. The Off-payroll rules were labelled as "IR35 Reform" and introduced in the public sector in 20�
Category:
News
| Mon, 26 Sept 2022
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