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Mutuality of obligation - IR35
Mutuality of Obligation is a common phrase when dealing with IR35 Status disputes. What does it mean?
�es and is particularly relevant in the context of IR35 . It is often one of the main factors for failing� �arly works for the same Client on new or “rolling contracts”, this can be a pointer used by the Revenue towar� �IR35 disputes is to establish whether there is a “contract of service” (i.e. employed) or a “contract for se�

Category: Articles: IR35 | Mon, 25 Dec 2006


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


Put yourself outside IR35 by bringing in expert help
Contractors can apply simple strategies to add weight to their status by employing expert sub-contractors to work on their contracts.
�s to demonstrate to HMRC that they are outside of IR35 . One of these is to employ a specialist to help� �m with an aspect of their work on a contract. Sub-contracting work to an expert colleague can cost quite a lot� �ir own right. Substitution clauses appear in many contracts, both when the contract is direct with the client� �st to help them with an aspect of their work on a contract. Sub-contracting work to an expert colleague can�

Category: Articles: IR35 | Mon, 01 Sept 2008


Crucial Dragonfly Consulting IR35 appeal has been lost
The contracting sector is reeling after Dragonfly’s John Bessell loses a crucial IR35 appeal at the High Court.
�A crucial IR35 test case for all contractors has been lost by Dr� �Bessell, leaving him with a huge tax bill and the contracting sector with an even bigger headache. Dragonfly Co� �put forward by Bessell’s defence team. ‘Notional Contracts’ The Treasury-proposed IR35 legislation has allow� �roved by HMRC to have been within IR35 during his contract with client The Automobile Association. Supported�

Category: News | Thu, 04 Sept 2008


Contractor appeals against HMRC IR35 rulings
Contractors who have been found by HMRC to fall foul and been presented with a large bill for back taxes can appeal to the tax tribunal.
�ctors it suspects are working on contracts inside IR35 . Contractors who have had an IR35 investigation� �estigating contractors it suspects are working on contracts inside IR35 . Contractors who have had an IR35 in�

Category: Articles: IR35 | Wed, 22 Jul 2009


Contractor market segmentation is the key to understanding the real impact of IR35
Deeper market insights reveal the real effect of IR35 on contractors, Parasol Group’s Rob Crossland told ContractorCalculator.
�The belief that IR35 only brings in direct tax takings of about £1.5mi� �insights into how IR35 has affected them. “In the contracting sector we have a workforce with widely different� �idely different skills, rates, types and terms of contracts, plus, of course, many sectors,” explains Crossla� �plains: “A first-time contractor on a three-month contract and earning £15 an hour clearly does not need to�

Category: News | Fri, 19 Jun 2009


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


New online Employment Status Tool to help contractors navigate IR35 and beyond
Contractors and freelancers can freely access a reliable online tool providing a highly accurate interpretation of their employment status.
�CEO of ContractorCalculator. Designed for current IR35 legislation and future-proofed for IR35’s success� �help them to make confident decisions about their contracts and tax affairs. And in today’s litigious busines� �research and spoke to experts in employment law, contract law, taxation and IR35. They also drew on over te�

Category: News | Tue, 31 Aug 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


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