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IR35: Government offers ‘tired old rhetoric’ in response to Lords Off-Payroll report
HMRC and the Treasury have failed to offer any proactive solutions to issues highlighted in the Finance Bill Sub-Committee’s Off-Payroll report.
�ponse will likely draw the ire of many within the contract sector, with the report’s perceived lack of impar�
Category:
News
| Thu, 16 Jul 2020
IR35: HMRC successfully overturns ‘Kickabout’ decision at Upper Tribunal
HMRC has successfully appealed a high profile IR35 defeat, after the UT overturned the decision in its case against Kickabout Productions Limited.
�e they are not inconsistent with the hypothetical contracts being contracts of employment.’ Key status factor�
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News
| Tue, 28 Jul 2020
IR35 taxes uncollectable if contractors’ company has no money
Contractors falling foul and whose company has no cash to pay any tax due to HMRC are safe from personal liability.
�will exercise reasonable due diligence with their contracts and take professional advice about whether IR35 a� �at IR35 due diligence was completed for each past contract, then contractors in this situation should not be�
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Articles: IR35
| Mon, 04 Jan 2021
Contractors can avoid IR35 by using substitutes, subcontractors and helpers
You can use other workers to help fulfil contracts and thereby prove those contracts are outside.
�an contribute to fulfilling the requirements of a contract, particularly if the lead contractor falls ill or�
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Articles: IR35
| Wed, 06 Jan 2021
Keeping control keeps IR35 away from contractors
To stay outside, you should ensure you are not under the supervision, direction and control of your clients.
�when determining control. This is because in many contracts the contractor is required to work on the client’� �requires doing, which was outside of the original contract. There are two aspects to the ‘what’ factor: Does�
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Articles: IR35
| Thu, 07 Jan 2021
IR35 and contracting bonuses – how to manage bonus payments
Contractors must adopt the correct terminology when agreeing to performance-based bonuses for a project.
�d with employment. In fact, that simple word on a contract may be sufficient to spark an IR35 enquiry. So co�
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Articles: IR35
| Wed, 13 Jan 2021
Contracting termination clauses that avoid IR35 risk
The termination clause in a contract can result in a ruling going either way.
�So why should termination clauses be left out of contracts? If a project ends naturally ahead of schedule an� �clauses and notice periods vary considerably from contract to contract. Most are designed to protect the cli�
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Articles: IR35
| Mon, 18 Jan 2021
BREAKING NEWS: Kaye Adams IR35 ruling stands as Tribunal dismisses HMRC appeal
HMRC’s appeal against presenter Kaye Adams’ 2019 IR35 tribunal victory has been dismissed by the Upper Tribunal.
�aced because, when entering into the hypothetical contracts here at issue, Ms Adams would have been entering� �” Ruling emphasises importance of ‘conduct of the contract’ HMRC successfully argued one of its grounds of a�
Category:
News
| Fri, 19 Feb 2021
How could Atholl House and Uber tribunal decisions affect IR35?
Two recent tribunal decisions involving presenter Kaye Adams and ride-hailing app Uber could bear significant repercussions for IR35.
�ight afforded to Autoclenz in tax tribunals where contracts are not found to be a ‘sham’. Last month, the UT� �engaging contractors outside of IR35. Freedom of contract underpins Uber defeat The workers’ rights afforde�
Category:
News
| Fri, 05 Mar 2021
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.
�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
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