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IR35 and contracting: just why do cases take so long to be resolved?
You can be forced to endure years of stress before your case is resolved with HMRC.
�igation for several tax years, each with multiple contracts, then a considerable amount of information must b� �stigator will want to know the details about each contract for every tax year being investigated. That means�
Category: Articles: IR35 | Sun, 22 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

IR35 - Top 10 traps to catch the unwary contractor
HMRC is always on the lookout for contractors who put themselves inside it by making easily avoidable mistakes. Here are the top ten traps to avoid.
�this is a common feature in business-to-business contracts for services. 9. The client pays for your trainin� �ou were hired to do and that are detailed in your contract, and don’t let your client tell you what to do an�
Category: Articles: IR35 | Wed, 23 Sept 2009

Contractors face escalated IR35 threat as HMRC starts flexing new Schedule 36 powers
Contractors will face a renewed threat when HMRC start applying powers available under Schedule 36 in IR35 cases, says Matt Boddington of Accountax.
�and it is no secret that HMRC are hostile to the contracting sector.” Fortunately, plenty can be done to avoid� �he continues. “Minor amendments resulting from a contract review by a specialist would make it difficult fo�
Category: News | Mon, 28 Sept 2009