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HMRC CEST tool has no legal authority, says IR35 legal expert
HMRC’s CEST tool isn’t legally binding and doesn’t meet the ‘reasonable care’ requirements established by law, warns Martyn Valentine.
�‘reasonable care’ when determining a contractor’s IR35 status. This is according to Martyn Valentine of� �e Bill 2017 - what constitutes ‘reasonable care’? Contracting stakeholders have reacted positively to the news� �d by a reasoned opinion based on the terms of the contract and the working practices.” Why doesn’t HMRC’s CE�
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News
| Wed, 22 Mar 2017
What is a ‘dependent contractor’? – The Taylor Review
The Taylor Review proposes the introduction of a ‘dependent contractor’. Find out what this means and how else the Review could affect contracting.
�h good and bad: The Review could spell the end of IR35 Contractors caught by IR35 could receive employme� �ployers can’t hide behind substitution clauses in contracts . Instead he says more weight should be placed on� �Review could have multiple repercussions for the contract sector, both good and bad: The Review could spell�
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Articles: IR35
| Tue, 18 Jul 2017
NHS locum doctors avoid IR35 by being lured to the private sector
The NHS is suffering as a result of the public sector IR35 reforms as private sector recruiters attract locum doctors with ‘outside IR35’ contracts.
�d workers as a direct result of the public sector IR35 reforms . Locum doctors and nurses are being lure� �e private sector. This would be a disaster for UK contracting, but as it stands the public sector is suffering� �ing online job boards to advertise ‘outside IR35’ contracts. This is stretching already scarce resources for� �5 advice to candidates. Government failed to heed contract sector warning The warning signs were there month�
Category:
News
| Thu, 18 May 2017
IR35 reforms: the threat to contractor accountants
Contractor accountants need to take action or else risk losing clients and revenue as a result of the public sector IR35 reforms. Find out why.
�The public sector IR35 reforms have sent shockwaves throughout the contr� �to remain outside IR35. To avoid this the entire contracting industry would need to ensure contractors were wo� �nside status if they wanted to keep their current contracts." How will the IR35 reforms affect contractor acc� �ensure contractors were working on projects on a contract for services and therefore outside IR35. But that�
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News
| Mon, 22 May 2017
How your accountant can keep you outside IR35
The expected private sector rollout of the IR35 reforms poses a unique threat to contractors but your accountant should be able to help. Here’s how.
�public sector reforms mark the biggest change to IR35 since its inception, but it may soon be eclipsed� �ector rollout would mean, regardless of where you contract, that the IR35 compliance burden rests with ill-i�
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Articles: IR35
| Tue, 30 May 2017
IR35 taxes uncollectable if contractors’ company has no money
Contractors falling foul and whose company has no cash to pay any tax due to HMRC are safe from personal liability.
�Contractors who have been found to be inside IR35 but whose company has no cash and cannot pay the� �will exercise reasonable due diligence with their contracts and take professional advice about whether IR35 a� �at IR35 due diligence was completed for each past contract, then contractors in this situation should not be�
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Articles: IR35
| Mon, 04 Jan 2021
IR35 and contractual paperwork: How important is it really?
Is your contract worth the paper it’s written on when it comes to an IR35 investigation? Yes is the answer. Find out why.
�key component of a successful defence against an IR35 investigation . But in rare instances it could al� �al precedent, enabling future judges to set aside contracts in favour of the reality. The judge in this case� �, penalties, and IR35 defence costs. Your written contract is king - and takes precedence over your working�
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Articles: IR35
| Thu, 20 Apr 2023
IR35 and contracting bonuses – how to manage bonus payments
Contractors must adopt the correct terminology when agreeing to performance-based bonuses for a project.
�ayments can find themselves pitched straight into IR35 , as HMRC is likely to see such bonuses as being� �d with employment. In fact, that simple word on a contract may be sufficient to spark an IR35 enquiry. So co�
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Articles: IR35
| Wed, 13 Jan 2021
Financial issues for first time contractors and how to solve them
Moving from permanent employment to a contracting career has immediate and long term financial issues to consider.
�What rate can be charged? What are the impacts of IR35? How much do you need to cover existing employee� �Moving from permanent employment to a contracting career has immediate and long term financial issu� �method of outsourcing sales activities to secure contracts. Attempting to bypass agents and contract directl� �and long term financial issues to consider: What contract rate will ensure equivalent or more net earnings�
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Articles: First timers
| Fri, 25 Nov 2016
What is a PAYE umbrella company?
Learn how a PAYE umbrella model works. It's simple, quick, and you can be up and running within a day. Find out more.
�case, you should have your contract reviewed for IR35 before deciding which payment structure to use .� �ictions at to whether you can claim expenses. All contracting expenses like travel, computer costs, training et� �remain outside IR35 is key. If the status of your contracts switches between inside and outside IR35 then cho� �income tax on all your earnings. After securing a contract you instruct your agent to send a contract to the�
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Articles: Contractor umbrellas companies
| Tue, 17 Apr 2018
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