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IR35: Northern Lights v HMRC (UT) – IT contractor appeal dismissed by Upper Tribunal
HMRC’s victory at UTT is a warning not to rely on unexercised substitution clauses and to ensure working practices facts are communicated at FTT.
�up by the client, is still unsurprisingly not an IR35 defence. The judges relied on Lord Wilson’s domin� �intended engagement that have been inserted into contracts. This is not new. “As far back as 2008 in the Alt� �substitution clauses still window dressing Lee’s contract did include a legitimate unfettered right of subs�
Category:
News
| Fri, 11 Jun 2021
IR35 ruling leaves broadcasters facing uncertainty: Eamonn Holmes tribunal analysis
An IR35 tribunal ruling featuring some contentious decisions means an uncertain future for broadcasters targeted by HMRC’s IR35 clampdown.
�Freelance broadcasters targeted by HMRC’s IR35 clampdown face an uncertain future after a high p� �d, White & Green Limited (RWG ), and ITV. The contracts in question were for the provision of services pr� �s Chaplin. “The fact that it was written into the contract was the killer blow as far as mutuality of obliga�
Category:
News
| Wed, 26 Feb 2020
HMRC’s £1.3bn non-compliance claim in Off-Payroll consultation doesn’t align with OBR
HMRC’s claim as to the cost of non-compliance with IR35 has been called into question after it was revealed that it doesn’t align with OBR forecasts.
�at the cost of private sector non-compliance with IR35 will reach £1.3bn by the 2023/24 tax year doesn’t� �rely different beast. “The public sector, and the contract positions therein, are far more heavily regulated�
Category:
News
| Fri, 15 Mar 2019
HMRC’s CEST further undermined following Naryan tribunal ruling citing lack of MOO
HMRC’s CEST tool is further discredited as judge rules controlled doctor Naryan was no employee because no mutuality of obligation (MOO) existed.
�payment, the underlying tests remain the same for IR35 and illustrate the crucial importance of properly� �, including those for unfair dismissal, breach of contract in respect of notice pay, and unpaid holiday pay.�
Category:
News
| Mon, 04 Mar 2019
HMRC caught red-handed “abusing powers” as part of Off-Payroll (IR35)
HMRC has been accused of abusing its powers after issuing misleading and threatening letters to contractors in an effort to enforce the Off-Payroll rules.
�ax year. It then requests that they clarify their IR35 status using the flawed Check Employment Status f� �agency, and their employment status decision The contract length and payment terms Total amount of any repa�
Category:
News
| Mon, 14 Jan 2019
2024 UK General Election: A Freelancers Manifesto for Growth
The Freelance Manifesto for Growth has been launched, calling on political parties to secure the votes of the flexible workforce.
�self-employed: Abolish the disastrous Off-payroll IR35 Reforms introduced in 2017/21, which have proven�
Category:
News
| Mon, 03 Jun 2024
Government to snub small businesses
The government looks set to ignore the small business community again without consultation.
�saster' with hugely unpopular legislation such as IR35, Section 660A and the withdrawal of the 0% rate o�
Category:
News
| Fri, 23 Jul 2004
Builders urge revenue to repair tax structure
A clampdown by the Inland Revenue on the tax treatment of subcontractors in the construction industry will be repeated.
�tion industry. The move mirrored the department's IR35 battle with IT subcontractors. 'We hope that impr�
Category:
News
| Wed, 18 Aug 2004
Next target for the taxman?
The Government is drawing up plans to increase national insurance bills for small “lifestyle” businesses.
�ion paper. However, there are concerns that, like IR35 and other measures targeted at small businesses,�
Category:
News
| Fri, 03 Sept 2004
Fsb urge new approach for small businesses
The FSB are calling for a new approach for Small Businesses taxation.
�iew is an opportunity to overhaul VAT; to abolish IR35; to establish the principle that the state rather� �sts will not undermine moves to improve access to contracts for small businesses, On the Hampton Review into�
Category:
News
| Fri, 26 Nov 2004
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