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Contractor loses IR35 appeal - substitution clause viewed as “window dressing”
Contractor loses IR35 appeal as the hypothetical contract says his relationship with the client was one of employment.
�The Revenue has overturned an IR35 appeal by Cardiff based Alternative Book Company� �he relationship was overwhelmingly of employment. Contracts No Protection Shepherd’s defence hinged on a rang� �ounds that the contractor, Keith Shepherd, had a ‘contract of service’ with his client and the relationship�
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News
| Wed, 04 Jun 2008
Should you use the inland revenue IR35 contract review service?
Discusses whether you should use the Inland Revenue contract review service.
�s that if you believe your contract is borderline IR35 then it isn’t really worth sending it in to the I� �same role, and only one of them passed IR35. The contracts were exactly the same. The first used a lawyer wh� �view by most contractors that if you believe your contract is borderline IR35 then it isn’t really worth sen�
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News
| Thu, 01 Aug 2002
Usetech IR35 case to go to appeal
The recent high profile revenue victory is to be appealed.
�some of the existing practices to operate outside IR35 and bring some further clarity, a defeat on appea�
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News
| Wed, 23 Jun 2004
Merging Income tax and NI – how would it affect dividends and IR35?
The potential merger of income tax and NICs could increase tax on limited company contractors, but remove IR35, suggests James Abbott of Abbott Moore.
�(NICs). At the same time, it is also likely that IR35 would become irrelevant. The issue is being debat� �become irrelevant. The issue is being debated in contracting circles following leaked plans to end NICs by a f�
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News
| Thu, 17 Jul 2014
Contractor limited companies and IR35 to be investigated by Lords Select Committee
The use of contractor limited companies for tax avoidance and the effectiveness of IR35 are to be investigated by a House of Lords Select Committee.
�avoid tax, and to establish the effectiveness of IR35 . “This inquiry will form a wide-ranging review o�
Category:
News
| Thu, 21 Nov 2013
IR35 reforms will decimate Government projects, survey shows
IR35 reforms will decimate Government projects with four in five contractors set to leave the public sector. Contractors need to raise awareness now.
�services will be decimated if proposed reforms to IR35 in the public sector go through, with 80% of cont� �ors - a 58% increase in taxable income earned via contracting. HMRC facing tax loss of £115m Contrary to its an� �at forcing contractors into fixed term employment contracts would actually reduce HMRC’s overall tax take by� �on abandoning the sector rather than accepting a contract inside IR35. The real danger for all contractors,�
Category:
News
| Wed, 03 Aug 2016
IR35 BREAKING NEWS: Consultation is launched
The long awaited IR35 consultation for 'off-payroll' working in the private sector has been published by HMRC today.
�The long awaited IR35 consultation for 'off-payroll' working in the pri�
Category:
News
| Fri, 18 May 2018
Contractors opting out of the Conduct of Employment Regulations: where do they stand?
Timing is everything when it comes to opting out of the Conduct of Employment Regulations. But in most cases opting out is the best course of action.
�tors problems, by automatically tipping them into IR35 . This means that most choose to opt out of the r� �ng out makes sense Contractors who work through a contracting limited company are not the kind of vulnerable ag� �e contractor fails to sign the opt-out before the contract starts, this invalidates the opt-out, potentially�
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Articles: Job Search
| Wed, 18 Mar 2009
McCann Media Limited IR35 appeal dismissed by FTT
A second tribunal decision relating to services provided to Sky has now been released with the tribunal again not upholding the appeal.
�th a contract of employment. Dave Chaplin, CEO of IR35 Shield , who attended the three-day tribunal, sai� �was no finding as such by the judge, nor were the contracts deemed to be a sham." Again, the unfairness of IR� �re, meant that the provisions of the hypothetical contract were consistent with a contract of employment. Da�
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News
| Wed, 16 Mar 2022
Major loss for HMRC after Atholl House Court of Appeal ruling
HMRC suffered a huge IR35 blow at the Court of Appeal after the three judges unanimously rejected their primary ground of appeal, despite the case now being remitted back to the UT.
�ourt of Appeal has published its decision for the IR35 case of HMRC v Atholl House Productions Limited ,� �with the alteration of the identity of one of the contracting parties). That contract, like any other agreement� �x year(s) in question. The position under earlier contracts between the same parties is admissible as part of� �e necessary, but not sufficient, conditions for a contract of employment, and if those conditions are satisf�
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News
| Tue, 26 Apr 2022
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