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IR35 win for freelancer in commissioners case
The Special Commissioners recently found in favour of freelancer Mike Ansell in an IR35 status case.
�y found in favour of freelancer Mike Ansell in an IR35 status case. Details of the judgement are now ava�
Category: News | Tue, 07 Sept 2004

Lawspeed IR35 win shows contractors can prove status
Lawspeed has won a significant IR35 case before the Special Commissioners.
�ses in recruitment affairs, has won a significant IR35 case before the Special Commissioners. Coming aft� �BDA--its work was strictly limited to the project contracted for. Control Issue This was a defence project, an� �ways have a right of substitution clause in their contracts, although in itself it may not constitute proof o� �ars ago. Datagate had entered into entered into a contract with the agency now called Technology Project Ser�
Category: News | Thu, 17 Jan 2008

Contractor loses £99,000 in IR35 case for being 'part and parcel'
A contractor has lost an IR35 ruling that will cost his company £99,000. He was ruled 'part and parcel' of the end-client, being a full-fledged member of the client's teams and even having spot-checks.
�IR35 Issues Considered by the Judges Project-based? Co� �n 2000 on a series of projects, under a series of contracts, for the AA. But the judges found that Bessel's w� �is an extremely experienced IT tester. Through a contract with the London-based agency DPP International Lt�
Category: News | Mon, 21 Jan 2008

‘Pro Contractor’ status proposed by Professional Passport could remove IR35 threat
Professional Passport’s Crawford Temple tells ContractorCalculator how contractors will benefit from the proposed new Professional Contractor status.
�ves automatically exempt from legislation such as IR35 , the Agency Workers Regulations (AWR) and the ‘� �ey operate. We also identified that some are only contracting as a temporary measure between permanent appointm� �user clients and agencies will know that they can contract with a Professional Contractor without risk of no�
Category: News | Tue, 09 Feb 2010

IR35 avoidance: Staying outside if you go contracting for your former employer
When contracting for a former employer, you must prove your new relationship is different.
�face a very real threat of being found inside of IR35 , says Kate Cottrell of contractor IR35 consultan� �ible for a contractor to remain outside IR35 when contracting for a former employer, but they have to work that� �ment. In such cases, she is often asked to review contracts and the working practices to create a bespoke con� �ployer, or being asked to return immediately on a contract basis after redundancy, face a very real threat o�
Category: Articles: IR35 | Thu, 08 Apr 2010

Treasury targets construction contractors with false self-employment consultation
In a new consultation on ‘false self-employment’ released by HM Treasury, construction contractors face scrutiny that could impact on all contractors.
�, which may have an impact on the application of IR35 legislation . However, according to contracting s� �ation of IR35 legislation . However, according to contracting sector commentators, contractors genuinely in bus� �contractors wishing to retain their self-employed contracts and working arrangements will have to ensure thes� �s other workers to carry out operations under the contract and is responsible for paying them.” The consulta�
Category: News | Mon, 27 Jul 2009

Contractors inside IR35 may be able to claim employment rights after landmark ruling
Having been judged an Alstom employee despite years of contracting, Andrew Tilson has paved the way to some IR35 contractors claiming employee rights.
�Some contractors within IR35 might be able to claim employment rights from the� �Employee rights for contractors within IR35? The contracting sector thought that the case for contractor emplo� �ies and of high value Was authorised to negotiate contracts on behalf of Alstom Had a company phone, computer� �ractor has been found to have employment rights.” Contract was ‘a sham’ Dennemont continues: “Even though th�
Category: News | Fri, 03 Jul 2009

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

Supreme Court Autoclenz ruling confirms ‘sham’ contracts can’t disguise employment
Contractors can’t use ‘sham’ contracts to create a business-to-business relationship that in reality does not exist, confirms the Autoclenz ruling.
�e conditions which have subsequently been used in IR35 cases to determine whether a contract of service� �Contractors can’t use ‘sham’ contracts to create a business-to-business relationship wit� �his Court”. And applying case law developed under contract law, Lord Clarke said that the original Employmen�
Category: News | Wed, 27 Jul 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

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