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Firms assessing existing contractors ‘inside IR35’ risk being in breach of contract
Firms who make tax deductions based on ‘inside IR35’ assessments of existing contracts risk being found in breach of contract, warns Martyn Valentine.
�Hiring firms who assess the IR35 status of existing contractor engagements and ded� �s with little or no comprehension of professional contracting draft statements of work as job titles, causing s� �o be within scope of the rules. “For pre-existing contracts this poses a problem. The legislation is clear th� �side IR35’ decision risk being found in breach of contract. This is according to Martyn Valentine of The Law�
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News
| Mon, 18 Feb 2019
Contractors face at least two years of the current business entity tests: IR35 Forum
Contractors may be facing two years of the business entity tests in current form, not one as originally planned, reveals the latest IR35 Forum minutes.
�C. This is according to the minutes of the latest IR35 Forum held on 23 July 2012 , which also reveal th�
Category:
News
| Fri, 10 Aug 2012
“Keep calm and contract on”, IR35 experts tell contractors following HMRC’s new tests
It’s IR35 business as usual for contractors – IR35 experts Andy Vessey of Qdos and Kate Cottrell of Bauer & Cottrell respond to the new HMRC tests.
�Limited company contractors are being advised by IR35 experts to “keep calm and contract on”, in respon� �e being advised by IR35 experts to “keep calm and contract on”, in response to HMRC’s new business entity te�
Category:
News
| Mon, 14 May 2012
Contracting business ECR Consulting wins IR35 case after five-year battle with HMRC
IT contractor Elaine Richardson has won her IR35 case against HMRC, with the tribunal finding that her company ECR Consulting ‘is a genuine business’.
�IT contractor Elaine Richardson has won her IR35 case after battling with HMRC for over five years� �ad their commercial heads on, and understood that contracting through a single person limited company is a prud� �l in excess of £50,000, relating to her company’s contract work for client Vertex Data Science. Fortunately,�
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News
| Fri, 13 May 2011
ECR Consulting IR35 ruling reveals the many factors that kept contractor outside IR35
Contractor Elaine Richardson was found by Judge David Porter to be outside IR35, according to all key employment status tests.
�tractor Elaine Richardson was found to be outside IR35 , according to all the key tests of employment, i� �ichardson’s day rates varied substantially across contracts with the client, ranging from £600 to £350 a day.� �decided that Miss Richardson was employed under a contract for services ,” concluded Judge Porter, who also�
Category:
News
| Wed, 08 Jun 2011
Changes to IR35 could impact on clients and agencies
Changes to IR35 that place extra costs and liabilities on clients could cause damage to the UK’s flexibility, says Alan Rommel of Parity Resources.
�ors may benefit in the short term from changes to IR35 that put end-user clients in the frame for penalt� �n the growth of trading models as alternatives to contracting through a limited company ; these include things� �r field invested substantially into reviewing our contracts so as to make them as IR35-friendly as possible.� �wth of a whole new services sector providing IR35 contract reviews , IR35 investigation insurance and expert�
Category:
News
| Tue, 28 Sept 2010
IR35 victory for Primary Path Ltd against HMRC
Phil Winfield has won his eight-year fight against HMRC, with a first tier tax tribunal finding his company, Primary Path, to be a genuine business.
�Contractor Phil Winfield has won his IR35 battle against HMRC. Eight years after the taxman� �ntrol which would have been needed to establish a contract of employment just did not exist.” PCG Managing D�
Category:
News
| Tue, 12 Jul 2011
PCG lobbying gains contractors Tory commitment to “review” IR35
In a letter to PCG, Shadow Business Minister Mark Prisk promises the Conservative Party will “review” IR35 should the Tories win the General Election.
�employment and tax status being challenged under IR35 legislation , if the Conservative Party win the n�
Category:
News
| Wed, 31 Mar 2010
Larkstar leaves grim legacy for contractor IR35 status, despite HMRC closing case
HMRC has closed the Larkstar Data case, leaving contractor Alan Brill free to retire, but its legacy will live on in IR35 case law used by HMRC.
�’s ongoing application of case law in determining IR35 status . According to a report by PCG (formerly t� �al that contractors understand if they wish their contracts to stay outside IR35. For examples, things previo�
Category:
News
| Fri, 23 Apr 2010
Contractors face escalated IR35 threat as HMRC starts flexing new Schedule 36 powers
Contractors will face a renewed threat when HMRC start applying powers available under Schedule 36 in IR35 cases, says Matt Boddington of Accountax.
�Contractors confident that their IR35 defence would stand up to HMRC ’s scrutiny in an� �and it is no secret that HMRC are hostile to the contracting sector.” Fortunately, plenty can be done to avoid� �he continues. “Minor amendments resulting from a contract review by a specialist would make it difficult fo�
Category:
News
| Mon, 28 Sept 2009
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