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IR35: the existing rules catch neither fish nor fowl
The higher up the food chain a contractor is found, the harder it is to prove IR35. But are contractors on lower rates worth HMRC’s expense & effort?
�plied to determine whether a contractor is inside IR35 . That’s because one of the key tests of employme� �how many disguised employees are out there in the contracting pond should ultimately drive any new rules or IR3� �research, speaking to experts in employment law, contract law, taxation and IR35. We also drew on over ten�
Category:
News
| Wed, 01 Dec 2010
IR35 is here to stay until fundamental tax issues are addressed to make it redundant
Despite its flaws IR35 is likely to remain in place until the wider tax system is reformed to address fundamental issues that will make it redundant.
�A more rigorously policed IR35 is here to stay – at least for the medium term. I� �ously more blatant cases. Ideally, we’ll move the contracting market towards some form of external audit model.� �y work for. Some people, by virtue of the sort of contracts they have, their job description and rights and p� �o-Monday folk and perm-tractors who worked on one contract for one client for long periods, were in fact not�
Category:
News
| Wed, 19 Jan 2011
Repealing IR35 and the law of unintended consequences – be careful what you wish for
IR35 is unfair to those it affects, but genuine contractors should have little to fear from the devil we know, yet much to fear from its replacement.
�That IR35 is a desperately unfair piece of legislation is n� �y lies to a contractor about the IR35 status of a contract, the contractor has a virtually impossible task t�
Category:
News
| Thu, 06 May 2010
OK, let's replace IR35. But with what exactly?
The debate over repealing and replacing IR35 has fiercely raged in recent weeks, even in the corridors of power, culminating in, erm, nothing.
�eminding all of us in the contracting sector that IR35 is iniquitous and must be abolished. In fact, con� �does a sterling job of reminding all of us in the contracting sector that IR35 is iniquitous and must be abolis�
Category:
News
| Fri, 01 May 2009
Contractors: don’t get caught in an IR35 denial trap – start working on a defence now
Contracting sector commentators are increasingly warning of a major and ‘overdue’ IR35 clampdown by HMRC, so don’t let denial leave you in the frame.
�By living in a ‘state of denial’ over their IR35 status, contractors are placing themselves at gre� �time to do something about it, particularly with contracting sector specialists warning of an imminent major c� �y do so many contractors choose not to have their contracts and working arrangements reviewed to determine th� �2008 , 79% admitted not having had their current contract reviewed. 79%! So just why do so many contractors�
Category:
News
| Mon, 15 Jun 2009
76% of PSBs applying blanket rules: why HMRC needs to reconsider IR35 reforms
HMRC will not be able to paper over the cracks exposed in a new FCSA study into IR35. Any attempt to do so would be like putting lipstick on a pig.
�tor is in crisis, stemming from the ill-conceived IR35 reforms. Now, the narrative is preparing to take� �, while 8% granted their contractors outside IR35 contracts without an assessment. It goes to show that when�
Category:
News
| Tue, 01 May 2018
HMRC’s ad hominem attacks to defend its failed IR35 tool are disturbing
HMRC’s attack on ContractorCalculator for criticising its tool shows weakness, but also poses concerns about the taxman’s attitude towards IR35.
�ctorCalculator following our exposé on its flawed IR35 tool not only reveals its weak position, but also� �position, but also raises grave concerns for the contract sector. Recently our critical expose of HMRC’s IR�
Category:
News
| Thu, 08 Jun 2017
HMRC claim IR35 tool hits targets despite FOI revealing no data is held to back claim
In one letter to us HMRC claims the tool hits certainty targets of 80%-90%. Yet in an FOI response they claim no such data is held. Cover up?
�results contractors have received when using its IR35 assessment tool, following a Freedom of Informati� �axman. HMRC has been justifying its attack on the contracting sector by maintaining that 90% of those that shou�
Category:
News
| Thu, 22 Jun 2017
Taylor Review recommendations could make IR35 redundant, but not before big changes
The Taylor Review recommendations could spell the end for IR35, but not before the Government pushes the draconian reforms out to the private sector.
�IR35 could become obsolete if the recommendations from� �Instead they’ll be operating on fixed employment contracts to secure the rights they qualify for. What does� �llout could also have major repercussions for the contract sector. Key points for contractors: Aligning taxa�
Category:
News
| Wed, 12 Jul 2017
IR35 has failed for HMRC, but keep that quiet or the taxman might decide to fix it
IR35 is a failed tool for HMRC and clearly not fit for purpose. But don’t tell, otherwise the taxman might come up with a replacement that works.
�IR35 has failed HMRC as an effective tool to combat di� �ed and some contractors were hounded out of their contracts by officious public servants over-interpreting ho� �g an investigation. Simple steps such as securing contract reviews , creating an IR35 file and taking out ta�
Category:
News
| Tue, 09 Jun 2015
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