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IT consultant wins latest IR35 case against HMRC and "army of lawyers"
An IT consultant and his small defence team have defeated HMRC and an “army of lawyers’ in an IR35 tribunal case which hinged largely on mutuality of obligation.
�rofessional IT consultant has defeated HMRC in an IR35 tribunal case which has again highlighted several� �passion for delivery led him to make a move into contracting where he could choose which clients to work with� �st an army of lawyers.” RALC v HMRC: what did the contracts say? From 2010, Alcock entered into a series of c� �e explains that Alcock’s motives for entering the contract market were genuine: “As a former Accenture emplo�
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News
| Mon, 04 Nov 2019
Lib Dems pledge to review IR35 and abandon Loan Charge
A review of the Off-Payroll rules and a repeal of the controversial Loan Charge are amongst the manifesto pledges made by the Liberal Democrats.
�presented with the facts. A considered review of IR35 and these devastating proposals is just what is n�
Category:
News
| Thu, 21 Nov 2019
HMRC pursuit of broadcasters suffers another blow with latest IR35 tribunal defeat
HMRC has suffered another high profile IR35 tribunal defeat, casting further questions over its ability to interpret and police the legislation.
�HMRC has lost another high profile IR35 tribunal case after radio presenter and comedy wr� �ered a neutral factor, given that “Talksport were contracting for the unique expertise and work product of Mr H� �. Over this period, KPL entered into two separate contracts. Although they differed somewhat, they each requi� �. Hawksbee was paid a fee per programme, and each contract stipulated that, prior to the end of the term, th�
Category:
News
| Tue, 09 Jul 2019
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.
�Hughes failed the key tests of employment in his IR35 case so convincingly that the tribunal Judge Lady� �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
Contractor ‘employment’ status clarified as Tilson ruling is overturned on appeal
Last year’s ruling granting contractor Andrew Tilson employment rights has been overturned, but with little impact on contractors’ IR35 cases.
�that the ruling will have little significance for IR35 cases, as he explains: “The [IR35] legislation al� �that Judge Smail was wrong to have dismissed the contracts as being a ‘sham’. Further weight behind the deci� �stom Transport were a sham, and that the notional contract was one of employment. According to Judge McMulle�
Category:
News
| Wed, 03 Feb 2010
Merging Income tax and NI – how would it affect dividends and IR35?
The potential merger of income tax and NICs could increase tax on limited company contractors, but remove IR35, suggests James Abbott of Abbott Moore.
�(NICs). At the same time, it is also likely that IR35 would become irrelevant. The issue is being debat� �become irrelevant. The issue is being debated in contracting circles following leaked plans to end NICs by a f�
Category:
News
| Thu, 17 Jul 2014
Contractors’ use of personal service companies “staggeringly inappropriate”, says MP
Contractors are again accused of tax avoidance, following a report by MPs branding personal service company use in the public sector as inappropriate.
�dge also criticised HMRC for failing to implement IR35 effectively, highlighting that only 23 IR35 revie� �public sector . She also branded limited company contracting as “a practice which generates suspicions of comp� �or its use of off-payroll arrangements for 25,000 contracts, Hodge told BBC News that off-payroll arrangement� �hired every Friday night under a fresh employment contract?” he adds. “Unfortunately,” concludes Chaplin, “d�
Category:
News
| Tue, 09 Oct 2012
IR35 appeal upheld – Sky TV pundit Stuart Barnes defeats HMRC
The Tribunal upheld an IR35 appeal relating to services provided by rugby expert Stuart Barnes at Sky TV.
�An IR35 appeal by Rugby expert Stuart Barnes to the First� �as 'the voice of rugby.' The appeal concerned the contracts between 6 April 2013 and 5 April 2019 when Britis� �ve totality of the provisions in the hypothetical contract in the context of the parties' conduct and intent�
Category:
News
| Fri, 20 Jan 2023
IR35: Government offers ‘tired old rhetoric’ in response to Lords Off-Payroll report
HMRC and the Treasury have failed to offer any proactive solutions to issues highlighted in the Finance Bill Sub-Committee’s Off-Payroll report.
�ays Chaplin. “HMRC’s defeat in the Lorraine Kelly IR35 tribunal case , which the judge described as ‘not� �ponse will likely draw the ire of many within the contract sector, with the report’s perceived lack of impar�
Category:
News
| Thu, 16 Jul 2020
Help fight IR35 roll out - please take this survey NOW!
ContractorCalculator is requesting your final help to push back proposals to on the IR35 reforms, by completing a survey.
�your final help to push back proposals to on the IR35 reforms, by completing a survey . We have kindly�
Category:
News
| Sun, 01 Mar 2020
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