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Public Sector IR35 Reforms: Page 1

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.

CEST caused 98% and 87% ‘deemed employee’ rates at Met Office and CCS, FOIs reveal
FOIs reveal more absurdly high ‘deemed employee’ rates produced by CEST for contractors assessed by both the Met Office and Crown Commercial Service.

Unlawful Network Rail blanket approach finds 99% of workers inside IR35, reveals FOI
99% of Network Rail contractors have been deemed caught by the Off-Payroll rules as a result of unlawful blanket assessments encouraged by HMRC.

CEST users feedback, obtained via FOI, reveals little confidence in tool
User feedback for CEST, obtained by ContractorCalculator via FOI, reveals that, despite HMRC’s claims, there is little public confidence in the tool.

HMRC defends CEST and blames BBC over presenters fiasco in PAC hearing
HMRC tells MPs in Public Accounts Committee hearing that CEST was not at fault for hundreds of retrospective tax bills issued to BBC freelancers.

BBC pay: 20 key questions the PAC must ask HMRC about Off-Payroll and CEST
The PAC has an opportunity to hold HMRC to account for its application of CEST and the Off-Payroll rules. Here are 20 questions that need to be asked.

HMRC’s CEST further undermined following Naryan tribunal ruling citing lack of MOO
HMRC’s CEST tool is further discredited as judge rules controlled doctor Naryan was no employee because no mutuality of obligation (MOO) existed.

HMRC unable to substantiate allegations of misrepresentation against contractor press
HMRC has failed to substantiate allegations made during a recent IR35 Forum meeting of misrepresentation against the contractor press.

BBC refutes Treasury claim it was satisfied CEST was accurate
BBC has shared fresh evidence documenting its implementation of the Off-Payroll regime, quashing Treasury claims that it was satisfied with CEST’s accuracy.

BBC chiefs pin problems on CEST after hundreds suffered unjust tax bills
CEST was exposed as the cause of the BBC tax saga at a PAC meeting yesterday, having changed the employment status of hundreds of presenters overnight.

HMRC caught red-handed “abusing powers” as part of Off-Payroll (IR35)
HMRC has been accused of abusing its powers after issuing misleading and threatening letters to contractors in an effort to enforce the Off-Payroll rules.

85 MPs risk losing seats over Off-Payroll (IR35)
85 MPs risk losing their seats in Parliament if they fail to lend backing to the self-employed over Off-Payroll, ContractorCalculator research reveals.

Did HMRC attempt to conceal admission of IR35 non-compliance caused by Off-Payroll?
HMRC has been accused of deceiving Government after the discovery of an email in which it expresses concern over non-compliance with Off-Payroll.

NAO report exposes Off-Payroll (IR35) chaos within the BBC
Hundreds of BBC broadcasters appear to have been forced into false employment by HMRC following the Off-Payroll rules, an NAO report reveals.

HMRC suppresses widespread criticism of CEST, but is still going to fix it
Contractors are encouraged to challenge CEST assessments, after HMRC vowed to fix its flawed status tool before introducing Off-Payroll to the private sector.

Budget 2019: Off-Payroll IR35 reforms to be extended to private sector in April 2020
The Chancellor has announced the Off-Payroll rules will hit the private sector in April 2020, with the full impact of the public sector damage yet to be realised.

CEST assessment rejected by judge as contractor reclaims unlawfully deducted tax
A judge has ruled a CEST assessment to be incorrect after a contractor went to an employment tribunal to prove their IR35 status and reclaim overpaid tax.

HMRC 'witch hunt' seeks names and addresses of contractors operating outside IR35
HMRC has asked public sector bodies to provide the names and addresses of contractors working outside of IR35, within what it bills a compliance check.

Leaked HMRC webinar suggests taxman has misled the NHS on IR35
Misguided advice issued by HMRC to the NHS during an IR35 webinar has prompted concerns that Trustees are misclassifying locums as 'deemed employees'.

Off-Payroll Working: new petition launched to ensure fairness for all workers
Contractors are urged to sign a petition to help prevent irrevocable damage to UK flexible working and ensure fairness for all workers.

ContractorCalculator launches Off-Payroll ‘fact pack’ to help contractors inform MPs
ContractorCalculator has published a ‘fact pack’ to help contractors inform MPs of the damaging effects of Off-Payroll and prevent a private sector rollout.

10 key failings of HMRC's IR35 testing tool CEST - 18 month investigation
An 18-month investigation by ContractorCalculator has uncovered numerous shortcomings and inconsistencies, proving that CEST is not fit for purpose

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.

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.

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 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 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.

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.

Off-Payroll (IR35): 84% of perceived tax avoided is by hirers, reveals HMRC examples
HMRC’s own Off-Payroll consultation shows that 84% of its perceived tax shortfall from non-compliance is due from the hirer, not the contractor.

The new Off-Payroll tax – coming to the private sector and killing business
HMRC is attempting to introduce an Off-Payroll tax to the private sector, to be paid by firms engaging contractors, many of whom don’t even realise.

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