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IR35: MBF Design Services v HMRC – key facts from the case for contractors to note
HMRC’s weak position and less than scrupulous methods show it should never have brought its IR35 case against MBF Design Services.
�been completely exonerated of any liability under IR35 by a first-tier tax tribunal. The facts reveal th� �not a disguised employee of client Airbus and his contracts were found to be outside IR35. “The parties’ plai� �intermediaries GED-Sitec and Morson that put the contract well outside IR35. These included: A clause stati�
Category: News | Mon, 07 Feb 2011

Primary Path IR35 case: HMRC was predestined to lose case offering important lessons
Contractor Phil Winfield of Primary Path was so obviously a genuine contractor and outside IR35 that HMRC was bound to lose, shows the Judge’s ruling.
�ontractor Phil Winfield was so clearly outside of IR35 and genuinely running an IT business via his limi� �e was in place, mirrored by upper and lower level contracts, ie with the contractor’s client and agencies res� �y of obligation – Judge Sadler suggested that any contract which included a substitution clause is unlikely�
Category: News | Wed, 03 Aug 2011

Contracting business Marlen Ltd. wins IR35 case against HMRC
Contractor Gary Hughes has won his IR35 case against HMRC, with the tribunal finding that his relationship with client JCB was not one of employment.
�ractorCalculator: “It was always our opinion that IR35 did not apply from the outset. The tribunal found� �hes and his client JCB within each of a series of contracts between JCB and Hughes’ contractor limited compan� �ntrol which would have been needed to establish a contract of employment just did not exist.” Nicola Smith o�
Category: News | Fri, 01 Jul 2011

IR35 to be reinforced with PSC anti-avoidance measures from 2013
Contractors face new personal service company anti-avoidance measures in the 2013 Finance Bill according to the 2012 Budget.
�use of personal service companies and to make the IR35 legislation easier to understand for those who ar�
Category: News | Wed, 21 Mar 2012

HMRC team throws in towel on costly Atholl House IR35 case involving Kaye Adams
After 10 years and four hearings, HMRC finally gives up trying to prove Kaye Adams is a deemed employee under the IR35 legislation.
�ngly issuing Kaye Adams with a tax bill under the IR35 legislation. Despite fielding three barristers in� �ty and control are identified, if the rest of the contract and surrounding circumstances are inconsistent wi�
Category: News | Wed, 24 Jan 2024

Contracting direct with the client: advantages and disadvantages
Although most contracts are available only via agents, some contractors can work for the client direct, with both advantages and disadvantages.
�ct that is at a much reduced risk of being within IR35 . Disadvantages of contracting direct The biggest� �side risk that the direct relationship can bring. Contracting direct is not for every contractor, as good agent� �oy great benefits, such as much more control over contracts. However, there are pitfalls, and not being paid� �Contractors who have the opportunity to contract direct with their clients can enjoy great benefit�
Category: Articles: Job Search | Mon, 09 Feb 2009

Gary Lineker wins IR35 tax case against HMRC
Gary Lineker has won his multi-year battle against HMRC, having been wrongly accused by HMRC of underpaying £4.9m in tax.
�any taxes or national insurance by reason of the IR35 rules." Dave Chaplin, CEO of IR35 tax compliance� �n of his services, he did so as principal thereby contracting directly with the BBC and BT Sport. As such, the� �at he operated via a partnership and had a direct contract with both the BBC and BT Sport. In section 49 of�
Category: News | Tue, 28 Mar 2023

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.
�An IR35 decision, for Little Piece of Paradise Limited (“� �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

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.
�(GML) appealed part of the decision and took the IR35 case to the Upper Tribunal (UT). The UTT case has� �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

Structural problems remain with IR35, says Public Accounts Committee
Public Accounts Committee report says “widespread non-compliance” with IR35 tax reforms in central government departments is “not acceptable”.
�s Committee says “widespread non-compliance” with IR35 tax reforms in central government departments is� �misjudged and damaging legislation heaped on the contracting sector and the sensible option would be to go bac�
Category: News | Wed, 25 May 2022

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