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Hammer blow for HMRC as contractor wins latest IR35 case
A contractor has won his appeal against HMRC in the second IR35 case of 2018, despite supposedly falling foul of two of the key tests of employment.
�ntractor Mark Daniels won his appeal concerning a contract covering tax years 2012/13 to 2013/14. During thi�
Category: News | Mon, 26 Mar 2018

MDCM Ltd case creates further controversy over IR35 and proposed reform rollout
Defeat at a recent IR35 tax tribunal has heaped further questions on HMRC, as it pushes for an extension of the chaotic public sector IR35 reforms.
�t intriguing. Daniels disputed that his company’s contract with Solutions Recruitment Limited contained a su�
Category: News | Wed, 28 Mar 2018

HMRC still wrongly claiming all contractors caught by MOO, reveals IR35 Forum minutes
HMRC continues to insist that all contractors are caught by MOO, but has postponed disclosing legal arguments, the latest IR35 Forum minutes reveal.
�will have already established MOO by virtue of a contract being in existence. We believe that this is a sig�
Category: News | Thu, 29 Mar 2018

BBC presenters fighting IR35: the final day in court
Three BBC presenters challenged their IR35 status and a substantial tax bill at a significant employment tribunal which concluded last Friday.
�Presenters entered ‘an elegant form of zero-hours contracts’ Discussions over mutuality of obligation (MOO) w� �control Tolley, from HMRC, argued that an implied contract must exist between the presenter and their person�
Category: News | Mon, 14 May 2018

IT contractor defeats HMRC in decisive fashion in latest IR35 case
An IT contractor has overcome the taxman in an IR35 tribunal case which will raise serious question marks over HMRC and CEST.
�00. Key points to emerge are: All elements of the contract pointed towards the individual being an independe�
Category: News | Thu, 17 May 2018

How HMRC’s IR35 reforms are destroying locum nurses’ livelihoods and patient care
Locum nurses have had their income reduced by roughly a third due to the IR35 reforms, compounding a pre-existing patient care crisis in the NHS.
�ifference between the amount of tax deducted from contracting and employment income as negligible. Now, locums�
Category: News | Thu, 24 May 2018

IR35: Addison Lee ruling reinforces that working conditions override written contract
Contractors need to be mindful of their working practices to avoid IR35, after another contract was overridden in an employment tribunal last week.
�) , the landmark ruling demonstrating that ‘sham’ contracts cannot be used to create a business-to-business r� �ate hire company. This is in spite of the written contract, which stated that Mr Gascoigne was an ‘independe�
Category: News | Mon, 07 Aug 2017

Public sector IR35 reforms survey: projects crippled by contractor exodus
IT departments and the NHS are amongst the worst hit sectors as a new survey shows the devastating impact of the IR35 reforms on the public sector.
�considering changing career 40% say they may quit contracting altogether Only 22% of remaining contractors are� �NHS departments are willing to offer outside IR35 contracts. The effect on morale in this sector is evident.� �contractors were asked about their willingness to contract in the public sector in future, it was evident th�
Category: News | Mon, 04 Sept 2017

HMRC IR35 tool creates farce as contractors now move from La La Land to Limbo Land
HMRC Employment Status Service (ESS) IR35 tool delivers incorrect and nonsense results, placing contractors and public sector bodies in limbo.
�eld.co.uk and agencies should have their standard contracts reviewed by qualified lawyers,” highlights Chapli� �about from task to task without it being in their contract, can pass the test, contrary to what the case law�
Category: News | Fri, 03 Mar 2017

HMRC CEST tool has no legal authority, says IR35 legal expert
HMRC’s CEST tool isn’t legally binding and doesn’t meet the ‘reasonable care’ requirements established by law, warns Martyn Valentine.
�e Bill 2017 - what constitutes ‘reasonable care’? Contracting stakeholders have reacted positively to the news� �d by a reasoned opinion based on the terms of the contract and the working practices.” Why doesn’t HMRC’s CE�
Category: News | Wed, 22 Mar 2017