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Larkstar leaves grim legacy for contractor IR35 status, despite HMRC closing case
HMRC has closed the Larkstar Data case, leaving contractor Alan Brill free to retire, but its legacy will live on in IR35 case law used by HMRC.
�’s ongoing application of case law in determining IR35 status . According to a report by PCG (formerly t� �al that contractors understand if they wish their contracts to stay outside IR35. For examples, things previo�
Category: News | Fri, 23 Apr 2010

Contractors caught by IR35 who believe the agent was at fault have few grounds to sue
Contractors may blame their agent for landing them with a contract inside, but they have few legal options.
�ractors who find that their contract is caught by IR35 often seek to pass the blame to their agency, cla� �y misled the contractor. In addition, many agency contracts have exclusion clauses that disallow the contract� �Contractors who find that their contract is caught by IR35 often seek to pass the blame to�
Category: Articles: IR35 | Sat, 01 May 2010

Contractor guide to IR35 case law
Case law is fundamental to the workings of the UK legal system and is often used to determine whether a contractor is inside or outside.
�Contractor employment status under IR35 legislation depends on the interpretation of both� �law expert who has a specific track record in the contracting sector and on IR35 cases. That expert will unders� �ses. That case established that for an employment contract to be in place, all three of the following condit�
Category: Articles: IR35 | Tue, 08 Jun 2010

Contractor guide to Mutuality of obligation (MOO) and IR35
Mutuality of obligation is one of the key factors used by a court or tribunal to determine whether it applies and a contractor’s employment status.
�Mutuality of obligation, or MOO, is one of the IR35 key tests of employment used by a tax tribunal or� �rvice HMRC Employment Status Manual Mutuality and contracts HMRC continues, saying that there does not need t� �contractor’s limited company should be engaged on contract for services basis , to perform a specific task f�
Category: Articles: IR35 | Wed, 30 Jun 2010

Contractors can use HMRC's employment status resources to help with IR35 status
HMRC’s online manuals for tax inspectors’ use provide contractors with insights into how not to be seen as an employee and how to stay outside.
�r is a disguised employee and therefore caught by IR35 can use the resources available in HMRC’s online� �There is also a revealing section on ‘opinions on contracts’, which includes case studies, as well as letter�
Category: Articles: IR35 | Thu, 01 Jul 2010

Contractor guide to HMRC’s IR35-related online information and advice
Contractors keen to learn about IR35 and its impact on their limited company contracting business can use HMRC’s website, but only with due caution.
�article has been updated and replaced with: HMRC IR35 information and advice - a guide for contractors� �35 and its implications for their limited company contracting business can find information HMRC’s website. If� �ion of an IR35 and employment law expert on their contracts and not to rely entirely on HMRC’s interpretation� �ind information HMRC’s website. If a contractor’s contract is found to be inside IR35 and they are judged to�
Category: Articles: IR35 | Thu, 01 Jul 2010

Contractor IR35 investigation for first time sparked by P35 service company question
HMRC may have started targeting contractors for IR35 investigations by using the P35 service company question, according to Seb Maley of Qdos
�t appears they may well become targets of an HMRC IR35 enforcement campaign. So warns Seb Maley of Qdos� �spector has asked to see the contractor’s current contract and to find out who reviewed it to establish whet�
Category: News | Mon, 05 Jul 2010

IR35 may be repealed or replaced, but the old rules will apply to previous contracts
Whatever happens, it will still apply to contracts completed in the years the legislation was in force, warns Qdos’ Andy Vessey.
�Contractors anticipating the demise of IR35 , as a consequence of the IR35 review being condu� �ts historical context. “Much has been made in the contracting community about unfair retrospective tax legislat� �R35 house in order, as whatever happens in future contracts worked on until any new legislation comes into fo� �eir tax affairs with due care, commissioning IR35 contract reviews and keeping rigorous hard copy and electr�
Category: Articles: IR35 | Wed, 11 Aug 2010

Accountax win shows importance of IR35 fundamentals when contracting
Accountax has won an IR35 case, obliging the Revenue to drop the matter before it went to court. IR35 fundamentals were the key.
�The Revenue has dropped an IR35 case against the Tyne and Wear based contractor A� �tentive to IR35 issues,'' Thomson explains. ''The contract clearly indicated that the contractor had control�
Category: News | Tue, 29 Apr 2008

Inflexible clients driving contractors into IR35?
As a new survey by a major online job board highlights the IT sector’s poor record on flexible working, ContractorCalculator asks if this has contributed to contractors falling within IR35?
�not geared towards flexible working. And, as key IR35 factors such as control , part and parcel and rig� �rs into IR35, but may also be driving them out of contracting altogether. The survey run by theitjobboard.com –� �run by theitjobboard.com – a leading source of IT contracts and jobs – also reveals that IT workers rated fle� �arcel’ of a firm, then this suggests the notional contract is one of service; they are effectively an employ�
Category: News | Mon, 23 Jun 2008