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Contractor Calculator Newsletter, Jul 2019: IR35 research tender proves key data was missing from final report

Dear Contractor

Welcome to the Jul 2019 edition of our Contractor Newsletter. Since our last newsletter the IR35 debate has raged on. HMRC have been shown to not stand by CEST in court, and the proposals for the private sector have received considerable concern - most notably for not allowing tax payers access to justice. "Inside IR35" rates have topped 99% at Network Rail, 89% at HS2, and 98% at the Met Office - despite HMRC saying only a third should be caught.

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HMRC refuses to stand by “irrelevant” CEST in IR35 tribunal case

HMRC has attempted to have evidence based on CEST struck out of an ongoing IR35 tribunal case, with its counsel branding the tool “irrelevant”.


HMRC IR35 research tender proves key data was missing from final report, FOI reveals

Further concerns have been raised over HMRC's published public sector Off-Payroll research, following the apparent omission of key information.


MPs challenge Off-Payroll (IR35) as debate reaches Parliament

Contractor concerns were heard in Parliament yesterday as MPs met in Westminster to debate the contentious Off-Payroll rules.


Contracting bodies urge Conservatives to halt Off-Payroll Tax in open letter

Contracting bodies send open letter to the Conservatives urging incoming prime ministerial candidates to halt Off-Payroll Tax and Loan Charge plans.


IR35: summary of responses to Off-Payroll private sector consultation – June 2019

Feedback to HMRC's latest Off-Payroll consultation has exposed several fundamental flaws in the taxman's proposals, resulting in staunch opposition.


Network Rail accused of unlawful employer's NI deductions under Off-Payroll rules

Network Rail has come under scrutiny after a document emerged suggesting it may have made unlawful employer's NI deductions from contractor fees.


Thousands of NHS locums given hope, after urologist partially wins IR35 tribunal case

A split decision in an IR35 tribunal case between HMRC and an NHS locum could have major repercussions for other contingent workers in the sector.


Treasury's Off-Payroll assurances won't remove historical IR35 risk for contractors

Claims that the Off-Payroll rules won't result in retrospective scrutiny can't be relied upon by contractors and clients to remove historical tax risk.


'Pass-the-parcel' Off-Payroll plans are burdensome and unnecessary, says tax expert

HMRC's Off-Payroll proposals to impose compliance responsibilities and tax risk on all supply chain members are unnecessary, warns David Kirk.


98% of HS2 contractors deemed 'inside IR35' as FOI suggests Off-Payroll non-compliance

98% of IR35 assessments conducted by HS2 in 2018 deemed the contractor caught by the Off-Payroll rules, suggesting further public sector non-compliance.


CEST caused 98% and 87% 'deemed employee' rates at Met Office and CCS

FOIs reveal more absurdly high 'deemed employee' rates produced by CEST for contractors assessed by both the Met Office and Crown Commercial Service.


HMRC's defence of CEST 'akin to climate change denial' says ContractorCalculator

In an open letter, ContractorCalculator CEO Dave Chaplin has accused HMRC of denial over the number of contractors forced 'inside IR35' by CEST.


Treasury refusing to acknowledge IR35 “tax time bomb” planted in freelance sector

The Treasury has come under fire for misrepresenting the Off-Payroll reforms by refusing to acknowledge the tax liability imposed on clients.


Off-Payroll Tax proposals deny taxpayers access to justice, experts warn

HMRC proposals to introduce a client-led disagreement process to the Off-Payroll rules would impede access to justice, IR35 experts have warned.


Updated Off-Payroll factsheet launched to help educate the private sector

ContractorCalculator has updated its Off-Payroll factsheet, warning the private sector of the dangers faced following HMRC's latest consultation.


Firms who act early should not fear the Off-Payroll reforms

Firms shouldn't panic about the introduction of the Off-Payroll reforms, providing they implement compliance practices well in advance of April 2020.

Event Comparing taxes: contractors versus employees

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Event 15 tips when renewing your contract

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Event Chasing payment using a letter before action

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Event Relevant Life insurance plans - 10 key facts for contractors

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Alternate External Link OTHER CONTRACTING NEWS
Don't rely on the taxman to keep you right over off-payroll rules revolution

Insider - Fri 31 May 2019

Chancellor accused of lying to MPs over controversial loan charge

Telegraph - Fri 26 Apr 2019

KPMG urges the oil and gas industry to plan ahead for changes to IR35

Energy Voice - Mon 20 May 2019

Financial Times

HMRC loses tax case against 'Loose Women' presenter

Kaye Adams, presenter of the television show Loose Women, has become the latest broadcaster to win a case against HM Revenue & Customs over her employment status.

Freelancers face a looming tax nightmare

The Off-Payroll reforms to hit the private sector from April 2020 will have serious consequences for hundreds of thousands of companies and contractors, with hirers facing potentially higher costs and some workers looking at significant cuts to their income, as well as an extra administrative burden to both.


Preparing for private sector off-payroll rules

Businesses engaging freelance workers could experience major disruption unless they start immediately to prepare for the practical realities of the off-payroll proposals due to come into force in April 2020.

Computer Weekly

Defence of CEST checker tool like 'climate change denial'

HMRC's ongoing defence of its much criticised online IR35 status checker tool has been likened to climate change denial in a strongly worded letter to chancellor Philip Hammond.

Staffing Industry News

UK – MPs debate Loan Charge and Off-Payroll legislation

MPs met yesterday in Parliament to debate and voice their concerns about Off-Payroll rules as well as the impact of the Loan Charge on their independent contractor constituents.

UK – Judge gives split decision on IR35 locum ruling

A UK tax tribunal judge concluded differing outcomes for two engagements undertaken by urologist George Mantides' limited company, ruling one inside IR 35 rules and the other outside of IR35.


Self-employed could be £7,500 a year worse off after tax crackdown

Contractors could be worse off as a result of overzealous public sector organisations deeming them as 'employees'.


Loose Women presenter wins IR35 case

Media star Kaye Adams, the presenter of ITV's Loose Women programme, is the latest celebrity to win an IR35 challenge.

Accountancy Age

As IR35 consultation ends, is there any more clarity?

Many accountants – and their clients – fear that more time is needed to iron out problems with the way IR35 changes have been rolled out in the public sector before extending the rules.

The Register

UK industry calls for delay of IR35 off-payroll tax rules to private sector

Industry bodies are urging the British government to delay its plans to extend much-hated anti-avoidance tax law IR35 to the private sector, according to an analysis of responses to a government consultation.

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