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IR35: making a monkey out of contractors... or HMRC?
Between the extremes of pass & fail, the existing tests to determine IR35 status leave many contractors in an evolutionary legislative no man’s land.
…The evolution of IR35 , and whatever IR35’s successor might be, makes m… …e or leaving work employed on Friday to come back contracting with their former employer on Monday. And between… …simple rules based on certainties like length of contract or previous employer – that would instantly tackl…
Category: News | Thu, 04 Nov 2010

Calling an end to the IR35 arms race
The cold war over IR35 has been one of escalation; when HMRC makes an advance, contractors & their tax advisers find solutions. Then HMRC moves again.
…During the last decade, since IR35 was introduced, contractors and HMRC have been wa… …e contractors inside IR35, so contractors and the contracting service sector developed a solution. Then a tax s… …ctors it affects and the accountants, lawyers and contract specialists who advise them. It should no longer…
Category: News | Mon, 29 Nov 2010

New IR35 status tests must avoid catching genuine contracting businesses in IR35 web
To avoid damaging the flexible workforce & its contribution to the UK’s economic recovery, any new IR35 status tests must exclude genuine contractors.
…New IR35 status tests are badly needed to provide certaint… …de certainty to contractors and all others in the contracting supply chain, as well as to everyone else involve… …e of skill and often experience; in fact, on many contracts the contractor is often the only person who knows…
Category: News | Tue, 28 Sept 2010

IR35’s replacement isn’t a simple legislative game – it’s Guess Who? with 1.4m people
Because flexible workers come in all shapes and sizes, and are given various labels in different sectors, creating an IR35 replacement won’t be easy.
…Simplification as it considers a replacement for IR35 . OTS Tax Director John Whiting’s warning that IR…
Category: News | Thu, 02 Sept 2010

The moving feast that is IR35
In the space of a few short weeks we’ve been told the demise of IR35 is imminent and seen the publication of new case law guidance by HMRC.
…IR35 is being abolished. Oh no it isn’t! Oh yes it is!… …just saying that if you don’t have an employment contract you don’t get taxed like an employee is also unfa…
Category: News | Thu, 27 May 2010

Staying outside of IR35 might just have got a bit easier following the Tilson ruling
The Tilson ruling may have opened the floodgates to permtractors seeking employment rights. A side effect might make it easier to stay outside IR35.
…hich put an end to any hope of contractors within IR35 getting employment rights from clients, many ‘ pe… …th worlds – the higher earnings that come through contracting through a limited company , combined with the rig… …se clients might start insisting on IR35 friendly contracts and working relationships, driven by the fear of… …be seeing clients and agencies offering proper ‘ contract for services ’ agreements, rather than quasi-empl…
Category: News | Tue, 21 Jul 2009

Clients to become champions of IR35-friendly contracts?
The Stringer ruling is the latest in a run of contractor cases placing greater onus on clients to grasp the IR35 nettle. At last!
…d company contractors are clearly working outside IR35 . This follows the House of Lords ruling on the S… …en contractors ask for IR35-related amendments to contracts. And we could see the introduction by some of sta… …ich they can do within 3 months of leaving a long contract. After all, they’re not true contractors and if c…
Category: News | Thu, 06 Aug 2009

IR35 Poker: Is taxman bluffing to force contractors under investigation to cave in?
HMRC plays Texas Hold’em with taxpayers’ money by bluffing a strong hand with high stakes up front in the hope that its true hand is never revealed.
…eems it could be so, because the latest tactic in IR35 cases appears to be for tax inspectors to put on… …emselves, by collecting evidence throughout their contracts and asking clients to sign confirmations of arran… …ofessional service providers who can conduct IR35 contract reviews . And contractors can also help themselve…
Category: News | Fri, 21 Aug 2009

Does HMRC even know where its ‘better administration of IR35’ target is?
If contractors agree to trial HMRC’s new IR35 framework for 12 months, how are we going to measure if ‘better administration’ has been achieved?
…Let’s say we give HMRC’s new IR35 framework a chance, as has been suggested by IR35… …he situation reminds me of project managers on IT contracts asking for things to be ‘quicker’, ‘cheaper’, ‘mo…
Category: News | Fri, 18 May 2012

Making clients responsible for policing IR35 would be a disaster for contractors
All the evidence shows that HMRC can’t effectively police IR35. But making clients responsible for enforcement would be disastrous for contractors.
…HMRC can’t police IR35 ; contractors routinely ignore it and the limited… …status, and only hire on a fixed-term employment contract basis. A third of the UK’s IT contractors working…
Category: News | Tue, 28 Feb 2012

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