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IR35 case – Jensal Software Ltd v HMRC: full analysis
HMRC’s understanding of IR35 has been called into question following a conclusive victory for a contractor at a recent IR35 tribunal.
…ict for Jensal Software Limited v HMRC is another IR35 tribunal victory for a contractor has resulted in… …s unlimited IR35 assessments, helping you to stay compliant with IR35, combined with insurance to protect aga… …ill exceeding £26,000 relating to a succession of contracts during the 2012/13 tax year. Wells provided his s… …employment status indicators pointed away from a contract of employment Taxman’s flawed interpretation of m…
Category: News | Fri, 18 May 2018

Legal analysis shows why HMRC is wrong about blanket assessments
HMRC comments that encourage a blanket approach to IR35 status assessments under the Off-Payroll rules are legally flawed, says Martyn Valentine.
…permit the blanket assessment of contractors for IR35 status by hiring organisations under the Off-Payr… …that, by the letter of the law, adopting the non-compliant approach sanctioned by HMRC will leave them vulne… …cal facts and terms and conditions apply to other contracts, and it is then not necessary to review every ind… …plied to circumstances where, having reviewed one contract, an engager may consider that identical facts and…
Category: News | Mon, 11 Feb 2019

How firms can prepare for IR35 compliance under the new Off-payroll rules
Act Now! Ensure smooth implementation and no damaging consequences of leaving things too late.
…he two being very separate statutes. The original IR35 legislation , which will still apply to contract… …s unlimited IR35 assessments, helping you to stay compliant with IR35, combined with insurance to protect aga… …possible, companies are advised to issue shorter contracts in the interim while work is undertaken to establ… …inal IR35 legislation , which will still apply to contract engagements with small companies, is found in Cha…
Category: News | Mon, 30 Nov 2020

Off-Payroll (IR35): from campaigning to preparation
The recent Parliamentary vote signals the end for our Stop The Off-Payroll Tax campaign, and the beginning of final preparations ahead of April 2021.
…fforded enough time for a comprehensive review of IR35. Unfortunately, despite a notable rebellion by 13… …ertaking accurate status assessments and agreeing compliant ‘outside IR35’ contracts provides companies with… …c at a later date and may decide to issue shorter contracts until an Off-Payroll compliance plan is in place.… …provides companies with a competitive edge in the contract market, while also negating risk and helping to m…
Category: News | Mon, 13 Jul 2020

Public sector IR35 rule changes are going ahead, confirms HMRC
Public sector contractors can expect to pay more tax from April 2017, after HMRC confirmed the public sector reforms to go ahead at PRISM seminar.
…Proposed changes to the policing of IR35 in the public sector are set to go ahead, HMRC co… …found that 90% of public sector contractors were compliant with the legislation. Cottrell also disputes the… …d at a recent compliance seminar attended by many contracting stakeholders. Contractors working in the public s… …the plans. Notably, contractors working multiple contracts simultaneously look likely to encounter problems… …private sector roll-out More promisingly for the contract sector, Horswill attempted to dispel concerns tha…
Category: News | Tue, 26 Jul 2016

CEST assessment rejected by judge as contractor reclaims unlawfully deducted tax
A judge has ruled a CEST assessment to be incorrect after a contractor went to an employment tribunal to prove their IR35 status and reclaim overpaid tax.
…sed an employment tribunal to prove their outside IR35 status and can now seek to reclaim thousands in o… …surely prove disastrous for HMRC, as well as non-compliant contractor clients and agencies, as Valentine exp… …eached an agreement in principle on a three-month contract with the Met Office and was referred to Qualserve…
Category: News | Tue, 16 Oct 2018

IR35 - whither indeed
After nearly five years of this legislation where are taxpayers and the professions now?
…2 June 2005.]. The article by John Newth “Whither IR35” (2/6/05) concluded by posing the question: after… …nals are taking to ensure that contracts are IR35 compliant is being wasted. It is typical of such cases to d… …o provide the service required. Get the idea? All contracts contain strong elements of mutuality of obligatio… …factors that must be present in both the written contract and the way in which the contractual terms are ca…
Category: News | Fri, 10 Jun 2005

10 ways HMRC can win back trust in CEST
HMRC has a long way to go to instil confidence in CEST. Here are 10 steps the contract sector believes HMRC should take to fix its flawed tool.
…ses. Acknowledging HMRC’s poor decade long run in IR35 tribunal cases , the Recruitment and Employment C… …, use of CEST in its current form won’t be deemed compliant with the Off-Payroll rules. 10. Save CEST decisio… …CEST should require input from all parties to the contract, to ensure that the correct answers are provided.…
Category: News | Mon, 19 Aug 2019

Year 2001: IR35, technology, dot com's.
Reflections on the market this year and predictions for the future.
…The Future for IR35 Q) Dave, it has been over a year since you launch… …shing all their languages so they become fully OO compliant. I think Visual Basic will become something of th… …made sure they are going to pass IR35 with their contracts and working conditions. If a contractor has a str… …l become the norm. My recent article on Design by Contract spells out the benefits of quality. On the whole…
Category: News | Sat, 06 Jan 2001

UK defence sector hit hard by Off-Payroll Tax
The UK’s defence sector is suffering a drastic fallout from the Off-Payroll Tax, impacting critical projects designed to protect the UK public.
…space industries noted that the risk of potential IR35 liabilities had encouraged their client to blanke… …nts As is the case across the private sector, non-compliant blanket approaches are rife throughout the defenc… …brain drain ‘could take several years to resolve’ Contracting industry stakeholders warned long ago that firms… …to continue to service my client, I will have to contract through an umbrella organisation with my liabilit…
Category: News | Mon, 16 Mar 2020

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