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IR35: MBF Design – was it the IR35 case that got away amid the thousands HMRC caught?
In the period when contractor Mark Fitzpatrick was at Airbus, many contractors were found to be inside IR35; was MBF Design the one that got away?
�timates’ suggest. During the time Fitzpatrick was contracting at client Airbus, numerous contractors were found� �process was to invite contractors to submit their contracts for ‘an opinion’. Significantly, therefore, these�
Category: News | Tue, 01 Mar 2011

Contracting business ECR Consulting wins IR35 case after five-year battle with HMRC
IT contractor Elaine Richardson has won her IR35 case against HMRC, with the tribunal finding that her company ECR Consulting ‘is a genuine business’.
�ad their commercial heads on, and understood that contracting through a single person limited company is a prud� �l in excess of £50,000, relating to her company’s contract work for client Vertex Data Science. Fortunately,�
Category: News | Fri, 13 May 2011

ECR Consulting IR35 ruling reveals the many factors that kept contractor outside IR35
Contractor Elaine Richardson was found by Judge David Porter to be outside IR35, according to all key employment status tests.
�ichardson’s day rates varied substantially across contracts with the client, ranging from £600 to £350 a day.� �decided that Miss Richardson was employed under a contract for services ,” concluded Judge Porter, who also�
Category: News | Wed, 08 Jun 2011

Contracting business Marlen Ltd. wins IR35 case against HMRC
Contractor Gary Hughes has won his IR35 case against HMRC, with the tribunal finding that his relationship with client JCB was not one of employment.
�hes and his client JCB within each of a series of contracts between JCB and Hughes’ contractor limited compan� �ntrol which would have been needed to establish a contract of employment just did not exist.” Nicola Smith o�
Category: News | Fri, 01 Jul 2011

IR35 victory for Primary Path Ltd against HMRC
Phil Winfield has won his eight-year fight against HMRC, with a first tier tax tribunal finding his company, Primary Path, to be a genuine business.
�ntrol which would have been needed to establish a contract of employment just did not exist.” PCG Managing D�
Category: News | Tue, 12 Jul 2011

Marlen IR35 case: contractor pursued by HMRC despite failing all key employment tests
Engineering contractor Phil Hughes failed all of the key tests of employment, as the full ruling of the Marlen Ltd v HMRC IR35 tax tribunal reveals.
�ruling transcript . Yet despite this, Hughes, who contracts through his own limited company Marlen, was pursu� �ntrol which would have been needed to establish a contract of employment just did not exist. The appeal ther�
Category: News | Fri, 15 Jul 2011

Supreme Court Autoclenz ruling confirms ‘sham’ contracts can’t disguise employment
Contractors can’t use ‘sham’ contracts to create a business-to-business relationship that in reality does not exist, confirms the Autoclenz ruling.
�Contractors can’t use ‘sham’ contracts to create a business-to-business relationship wit� �his Court”. And applying case law developed under contract law, Lord Clarke said that the original Employmen�
Category: News | Wed, 27 Jul 2011

Primary Path IR35 case: HMRC was predestined to lose case offering important lessons
Contractor Phil Winfield of Primary Path was so obviously a genuine contractor and outside IR35 that HMRC was bound to lose, shows the Judge’s ruling.
�e was in place, mirrored by upper and lower level contracts, ie with the contractor’s client and agencies res� �y of obligation – Judge Sadler suggested that any contract which included a substitution clause is unlikely�
Category: News | Wed, 03 Aug 2011

Contractors shun HMRC’s IR35 helpline in favour of employment law and tax experts
Contractors clearly don’t trust HMRC’s IR35 advice, judging by the low number of calls to its IR35 helpline revealed by our freedom of info’ request.
�s turning to HMRC, probably preferring to call on contracting service providers who contractors know will be wo�
Category: News | Wed, 14 Sept 2011

New IR35 ruling: Partial victory for JLJ Services v HMRC
Contractor John Spencer’s company JLJ Services failed to win its IR35 case outright against HMRC but reduced its £140,000 tax bill.
�ey facts of the case: IT contractor John Spencer, contracting via his own company JLJ Services, worked on contr� �cting via his own company JLJ Services, worked on contracts for client Allianz from 2000 to 2007 HMRC claimed� �n ruled that only the last four of the seven-year contract with client Allianz were inside IR35. Key facts o�
Category: News | Fri, 09 Dec 2011