The recent high profile Revenue victory in the case of freelancer Bill Hood and his company
Usetech is to be appealed. It is due to appear in the High Court at the end of July.
The Professional Contractors Group (PCG) which supported the original Special Commissioners hearing, will also be supporting the appeal.
The public interest was raised in this case following publicity that the Special Commissioners case was unusually held at Mr Hood's home in Gateshead rather than London due to his ill health.
Mr Hood, a former oil-rig design engineer, was represented at the Commissioners by Dave Smith from Accountax. The dispute had been going on for two and a half years in total after it started with a routine Revenue review.
The case received further interest after the decision went against Mr Hood and there was considerable sympathy for his predicament after it was reported that he could face a £50,000 tax bill and could lose his home.
However, while many sympathise with Mr Hood's case, the appeal raises the stakes for freelancers and small businesses. Although a victory on appeal could reinforce the validity of some of the existing practices to operate outside IR35 and bring some further clarity, a defeat on appeal could set new precedents and might result in the loss of some of the criteria freelancers currently rely on demonstrate they are outside IR35.
For further information about this case see:Shout99