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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�
Category: 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�
Category: News | Tue, 26 Apr 2022

HMRC wins IR35 appeal in Sky case involving Stuart Barnes
HMRC has overturned the First-Tier Tribunal's decision in the IR35 case involving Stuart Barnes, the former rugby player and Sky Sports pundit.
�turning the First-Tier Tribunal's decision in the IR35 case involving Stuart Barnes , the former rugby p� �urt of Appeal decision in Atholl House , that the contract's terms should be the starting point for analysis.� �cceeded at the tax tribunal. "The Sky boilerplate contracts used by all these individuals contained considera� �FTT erred in its construction of the hypothetical contract concerning Sky's right of first call over Mr Barn�
Category: News | Thu, 29 Aug 2024

PGMOL tax status case joins the "Decade Club" and heads to fifth hearing
The tax status case involving Professional Game Match Officials Limited (PGMOL) returns to square one for a fifth hearing at the FTT.
�ble workers, in particular the legislation around IR35 and off-payroll working. Commenting on the ruling� �sufficient mutuality of obligation required for a contract of employment. The first stage requires an obliga�
Category: News | Tue, 17 Sept 2024

HMRC suffers another damaging IR35 tribunal defeat as presenter Kaye Adams wins appeal
HMRC has been criticised for wasting more taxpayer money pursuing ill-considered IR35 cases after victory for broadcaster Kaye Adams at tribunal.
�MRC has been defeated in yet another high profile IR35 tribunal case, prompting further questions over t� �elves, suffice if the other terms of the relevant contract are inconsistent with the relevant contract’s bei�
Category: News | Tue, 16 Apr 2019

HMRC pursuit of broadcasters suffers another blow with latest IR35 tribunal defeat
HMRC has suffered another high profile IR35 tribunal defeat, casting further questions over its ability to interpret and police the legislation.
�HMRC has lost another high profile IR35 tribunal case after radio presenter and comedy wr� �ered a neutral factor, given that “Talksport were contracting for the unique expertise and work product of Mr H� �. Over this period, KPL entered into two separate contracts. Although they differed somewhat, they each requi� �. Hawksbee was paid a fee per programme, and each contract stipulated that, prior to the end of the term, th�
Category: News | Tue, 09 Jul 2019

Damaging impact of HMRC’s misleading webinars to NHS revealed
NHS Trusts are feeling the aftereffects of adopting a blanket approach to Off-Payroll, encouraged by HMRC, as staff shortages continue to intensify.
�iance that has rendered almost all locums ‘inside IR35’. The approach has subjected critical health work� �his test is satisfied by the mere imposition of a contract. The taxman’s stance has been repeatedly rebutted�
Category: News | Tue, 03 Mar 2020

Contractor suffers defeat to HMRC in latest IR35 tribunal case
Robert Lee lost his appeal against HMRC after the tribunal determined he was “subject to overarching controls” while contracting for Nationwide.
�ed a rare victory over a contractor in the latest IR35 tax tribunal ruling to emerge. Project manager Ro� �ning a tax bill exceeding £70,000 for a series of contracts between his limited company, Northern Lights Solu� �project management role. “During the course of a contract Nationwide had the right, albeit not exercised, t�
Category: News | Wed, 04 Mar 2020

Christa Ackroyd IR35 ruling unchanged after appeal to Upper Tribunal
The Upper Tribunal has rejected an appeal from television presenter Christa Ackroyd against the IR35 tribunal ruling that emerged in February 2018.
�ta Ackroyd has failed in a bid to have her deemed IR35 status overturned at the Upper Tribunal (UT). The� �in the absence of any clear indicator within the contract. This was in spite of the FTT’s analysis and reas�
Category: News | Mon, 28 Oct 2019

IT consultant wins latest IR35 case against HMRC and "army of lawyers"
An IT consultant and his small defence team have defeated HMRC and an “army of lawyers’ in an IR35 tribunal case which hinged largely on mutuality of obligation.
�rofessional IT consultant has defeated HMRC in an IR35 tribunal case which has again highlighted several� �passion for delivery led him to make a move into contracting where he could choose which clients to work with� �st an army of lawyers.” RALC v HMRC: what did the contracts say? From 2010, Alcock entered into a series of c� �e explains that Alcock’s motives for entering the contract market were genuine: “As a former Accenture emplo�
Category: News | Mon, 04 Nov 2019

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