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NEWSLETTER August 2018

Contractor Calculator Newsletter, Aug 2018: CEST doesn't provide certainty or reasonable care, says ex-HMRC inspector

Dear Contractor

Welcome to the Aug 2018 edition of our Newsletter. We have now concluded our near 18-month investigation into HMRC's CEST tool. A whitepaper "CEST - not fit for purpose" can be downloaded from ContractorCalculator. On 10th August it is the last day of the IR35 consultation period - so please make your voice heard. HMRC loses the majority of it's IR35 status cases in court and their tool gives the wrong answers - so how are they going to train 5.7m businesses to do IR35 assessments?


CEST does not provide certainty or reasonable care, says ex-HMRC tax inspector

CEST doesn't constitute reasonable care, meaning hirers who use it to assess IR35 status retain the tax risk, warns ex-HMRC inspector Philip Manley.


CEST exposed as hopelessly unreliable using HMRC's own test data obtained via FOI

CEST is exposed as hopelessly unreliable, after HMRC's own test data obtained by FOI and used to back accuracy claims is shown to be incorrect.


CEST was not formally assessed under Governments own standards, reveals FOI

Despite impacting thousands of tax payers, HMRC's online tool CEST was not formally assessed under the Government Digital Services standards.


CEST only asks a fraction of questions usually posed during an HMRC inquiry

CEST asks between four and 16 questions; just a fraction of the number of questions usually posed to a contractor during an HMRC IR35 inquiry.

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£200m tax reclaim among multiple consequences of HMRC's malfunctioning CEST tool

HMRC is refusing to acknowledge the facts concerning its flawed CEST tool, when it should be bracing itself for a serious, and costly, fallout.

Event Agencies can override incorrect Off-Payroll (IR35) status decisions by clients

The Off-Payroll legislation shows that agencies are free to override assessments made by clients, as Matt Boddington of Chartergates explains.

Event How to appeal wrongful tax treatment following an incorrect Off-Payroll assessment

Tax expert David Kirk explains the various options available to contractors seeking to reclaim tax that has been overpaid as a result of Off-Payroll.

Alternate External Link OTHER CONTRACTING NEWS
HMRC launches internal investigation into conduct of officers involved in flawed prosecution

Telegraph - Sun 05 Aug 2018

Dentists fear tax status inquiry will lead to catastrophe

The Times - Mon 30 Jul 2018

HMRC Give Up Case After 3 Years

Qdos Contractor - Tue 24 Jul 2018


Gig worker tax proposal muddies the waters, say employment experts

The latest proposals could add more complexity to a tax system that needs a complete overhaul

Rigorous testing concludes HMRC's CEST claims are 'woefully incorrect'

HMRC's Check Employment Status for Tax (CEST) tool has been slammed as “hopelessly unreliable” and “biased” following testing of the tool

Recruitment Grapevine

HMRC propose secret access to bank accounts

HMRC's crackdown on tax avoidance has been labelled 'aggressive' as the Government agency mulls over proposals which would allow it access to taxpayer bank accounts in secret.


HMRC contractor tax testing tool 'wrong' in almost half of cases

HMRC has been using a misleading tool to determine whether self-employed contractors should be taxed at a higher rate

The HRDirector

Concerns raised over CEST performance

HMRC's Check Employment Status for Tax (CEST) tool has been exposed as biased and hopelessly unreliable, after a comprehensive re-testing of HMRC's CEST test data obtained under FOI

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