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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

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

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

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

Treasury’s Off-Payroll assurances won’t remove historical IR35 risk for contractors
Claims that the Off-Payroll rules won’t result in retrospective scrutiny can’t be relied upon by contractors and clients to remove historical tax risk.
�Contractors who have their IR35 status overturned by clients following the impend� �subject to an enquiry and found to have been non-compliant in previous years, any argument based on legitima� �dition to restricting both workforce mobility and contracting opportunities, this also poses a significant thre� �d clients, irrespective of the true status of the contract. The contractor may well hold all of the tax risk�
Category: News | Thu, 18 Apr 2019

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

Off-Payroll: Firms expecting clear guidance let down by HMRC
HMRC’s Off-payroll legislation guidance is unclear, incomplete and full of errors, so clients trying to implement the rules will need expert help.
�ff-Payroll legislation (Chapter 10 of ITEPA) with IR35 (Intermediaries Legislation, Chapter 8 of ITEPA)� �behaviour. As a result, clients who want to stay compliant and implement the rules correctly have been badly� �t this section is mainly for agencies and clients contracting direct. Off-payroll rules compliance needs expert� �2020, but fails to mention that contractors with contracts spanning the implementation date may require asse� �ate for contractors who either signed up to a new contract before that date, or who have contracts that pred�
Category: News | Mon, 09 Sept 2019

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

Lords’ PSC evidence increasingly polarised between vulnerable workers and contractors
Contractors and vulnerable workers are increasingly portrayed as two distinct groups in the Lord’ Personal Service Companies (PSC) inquiry evidence.
�or [a] contract may be able to obtain that work.” IR35 enforcement When asked about the effectiveness of� �largely misinform the Lords about how onshore and compliant professional employment services providers actual� �sing a PSC as a form of engagement For companies, contracting a worker via a PSC offers risk management advanta� �ated to tax avoidance, why PSCs are used: Certain contracts require all parties to be corporate entities When� �are being managed. When a company takes on a new contract from a new customer, it will hire flexible worker�
Category: News | Thu, 30 Jan 2014

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