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Firms assessing existing contractors ‘inside IR35’ risk being in breach of contract
Firms who make tax deductions based on ‘inside IR35’ assessments of existing contracts risk being found in breach of contract, warns Martyn Valentine.
�s with little or no comprehension of professional contracting draft statements of work as job titles, causing s� �o be within scope of the rules. “For pre-existing contracts this poses a problem. The legislation is clear th� �side IR35’ decision risk being found in breach of contract. This is according to Martyn Valentine of The Law�
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News
| Mon, 18 Feb 2019
BREAKING NEWS: Presenter Lorraine Kelly defeats HMRC in latest IR35 ruling
HMRC has lost another high profile IR35 tribunal case, after television presenter Lorraine Kelly successfully appealed a tax bill of £1.2m.
�w the sufficient degree required to demonstrate a contract of service and we are satisfied that the factors�
Category:
News
| Wed, 20 Mar 2019
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.
�ignore certain evidence? While HMRC relied on the contract alone, Kelly’s witnesses confirmed that neither p�
Category:
News
| Thu, 21 Mar 2019
Lorraine Kelly IR35 ruling proves HMRC’s CEST tool is biased and inaccurate
HMRC’s CEST tool has again failed to reach the same decision made at tribunal, having been tested against yesterday’s Lorraine Kelly IR35 judgment.
�w the sufficient degree required to demonstrate a contract of service and we are satisfied that the factors�
Category:
News
| Thu, 21 Mar 2019
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.
�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’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.
�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.
�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
Fix CEST or risk mass uncertainty and tax status disputes, CIOT warns HMRC
Significant improvements to CEST are required ahead of HMRC’s proposed April 2020 private sector Off-Payroll rollout, CIOT has warned.
�he necessary changes to be made, leaving time for contracts to be reviewed before April 2020, Chaplin warns t�
Category:
News
| Fri, 31 May 2019
HMRC refuses to stand by “irrelevant” CEST in IR35 tribunal case
HMRC has attempted to have evidence based on CEST struck out of an ongoing IR35 tribunal case, with its counsel branding the tool “irrelevant”.
�by the tribunal; namely whether the hypothetical contracts between Mr Alcock and the clients would have been�
Category:
News
| Mon, 01 Jul 2019
Thousands of NHS locums given hope, after urologist partially wins IR35 tribunal case
A split decision in an IR35 tribunal case between HMRC and an NHS locum could have major repercussions for other contingent workers in the sector.
�ithin the sector: “Thousands of locums will be on contracts working in the same manner as Mr Mantides. Some o� �MMH differed. Firstly, in the absence of a formal contract, it was determined that Mentides was required to�
Category:
News
| Mon, 01 Jul 2019
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