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False Self-Employment Legislation
False Self-Employment Legislation: Advice and guidance for UK contractors, Freelancers and Consultants
�ll sit alongside existing tests of employment and IR35. In its current form a contractor could be outsid� �t will apply to all contractors who are on agency contracts from 6 April 2014. The test presumes that contrac�
Category: Contents Pages

‘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

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

Contractors may have more client clarity and less IR35 risk after Autoclenz ruling
Contractors may find that, post-Autoclenz, clients work harder to justify why they’ve been hired, Professor Pat Leighton tells ContractorCalculator.
�help clarify a contractor’s status, reduce their IR35 risk and improve their classification as being ‘� �law it can apply to effectively disregard written contracts between contractors and clients with little justi� �says Leighton. “Firstly, creating a hypothetical contract had previously been restricted to scenarios when�
Category: News | Mon, 02 Jul 2012

IR35 defeat threatens broadcaster backlash for HMRC: Lorraine Kelly tribunal analysis
HMRC faces questions over its pursuit of broadcasters following a damning IR35 tribunal defeat against presenter Lorraine Kelly.
�HMRC’s grasp of IR35, its relentless pursuit of broadcasters and the r� �ignore certain evidence? While HMRC relied on the contract alone, Kelly’s witnesses confirmed that neither p�
Category: News | Thu, 21 Mar 2019

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.
�CEST assessments returning near-unanimous ‘inside IR35’ results, when conducted by numerous public secto� �O Dave Chaplin. In an open letter, the CEO of the contracting site cites widespread and indisputable evidence o�
Category: News | Tue, 21 May 2019

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.
�eapportionment of responsibility for applying the IR35 rules. The Treasury is yet to recognise the 14.3%� �f-payroll working rules requires renegotiation of contracts’. “While the legislation itself doesn’t require i� �y the rules has employer’s NI deducted from their contract rate as well as income tax and employee’s NI. How�
Category: News | Thu, 23 May 2019

Latest IR35 Forum minutes confirm HMRC plans to attempt to fix CEST
HMRC has confirmed plans to attempt to fix CEST in the latest IR35 Forum minutes, in response to numerous concerns raised in the Off-Payroll consultation.
�ax (CEST) tool with the publication of the latest IR35 Forum minutes . CEST and mutuality of obligation� �Striving for simplicity won’t help CEST While the contract sector welcomes HMRC’s acknowledgement of CEST’s�
Category: News | Wed, 07 Nov 2018

The IR35 MP hit list - The 100 politicians most likely to lose their seats
We list the top 100 MPs who risk losing their seats in Parliament if they fail to lend backing to the self-employed over Off-Payroll and IR35.
�isk of losing their seat, due to the Off-payroll (IR35) reforms that Treasury, HMRC and the Chancellor a�
Category: News | Fri, 04 Jan 2019

Why I quit contracting: the human impact of the IR35 changes
More than a year ahead of the proposed implementation date, the Off-Payroll rules are placing contractors under financial and mental strain.
�her afield. If a contract is deemed to be ‘inside IR35’, and I can also no longer claim relief on travel� �e UK’s contingent workforce to ponder exiting the contracting sector, while its prospective fiscal impact has p� �ealth as the reason: “Given the sparsity of local contracts, I would have had to consider opportunities furth� �ad to consider opportunities further afield. If a contract is deemed to be ‘inside IR35’, and I can also no�
Category: News | Tue, 29 Jan 2019