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Contractors must demonstrate business risk as part of keeping contracts outside IR35
Demonstrating business risk can show a contractor as ‘being in business’, thereby helping the case for being outside..
�account can use this evidence to help with their IR35 defence , because taking business and financial r� �lting The corresponding items for knowledge-based contracting businesses are capital expenditure on computers a�
Category:
Articles: IR35
| Wed, 28 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
Contractors cheering “staggering” Novasoft IR35 ruling are likely to be disappointed
The Novosoft IR35 ruling is inconsistent with previous IR35 status case rulings and is likely to be overturned.
�Contractors celebrating an important IR35 status victory in the Novasoft case are being war� �battle to prove he was outside IR35 during a 2002 contract, IT contractor Novak Brajkovic has won his appeal�
Category:
News
| Mon, 17 May 2010
Government commits to replace IR35
A decade of uncertainty over contractors’ tax status may be over, with the ConLib coalition committing to review and replace IR35.
�IR35 looks certain to be replaced, with the new govern� �ot through the “aspiration that 25% of government contracts should be awarded to small and medium sized enter�
Category:
News
| Thu, 20 May 2010
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
Dragonfly decision could threaten IR35 defences for thousands of contractors
With the ruling by the High Court on the Dragonfly Consultancy Ltd. v HMRC case due shortly, a decision against the contractor Jon Bessell could threaten IR35 defences for tens of thousands of contractors.
�ound by the Special Commissioners to be inside of IR35 in January this year. Bessell, supported by the P� �eaten the defence offered by tens of thousands of contracts who might come under investigation. ContractorCal� �nd-user client when asked about substitution. The contract between Dragonfly and the agency DPP suggested co�
Category:
News
| Tue, 19 Aug 2008
New IR35 resources for contractors
The latest guidance to help contractors manage their IR35 status comes in a PCG guide, which complements the newly published Contractors’ Handbook.
�) has released an updated version of its Guide to IR35 for freelance consultants and contractors. The gu� �ages contain essential guidance on all aspects of contracting. The updated PCG guide, which has been revised by� �ck taxes, interest and penalties. Upper and lower contracts Contractors are urged to insist that, if they are� �ests that will determine the IR35 status of their contract: It's still entirely possible to work outside�
Category:
News
| Fri, 19 Dec 2008
Larkstar Data IR35 ruling imminent: what could this mean for contractors?
With 2008 an IR35 annus horribilis for contractors, how will 2009 shape up? Will the imminent Larkstar Data ruling provide respite for contractors?
�wife, Jean, run Wales-based Larkstar Data. In the IR35 case before the General Commissioners in January� �d Larkstar Data ruling is due imminently, and the contracting community is holding its breath, waiting for some� �ctors to take professional advice when drawing up contracts, and to guard jealously their contractor status ‘� �ook Company effectively rendered any contractor’s contract potentially useless in the face of a determined H�
Category:
News
| Tue, 03 Feb 2009
Contracting business ECR Consulting wins IR35 case after five-year battle with HMRC
IT contractor Elaine Richardson has won her IR35 case against HMRC, with the tribunal finding that her company ECR Consulting ‘is a genuine business’.
�IT contractor Elaine Richardson has won her IR35 case after battling with HMRC for over five years� �ad their commercial heads on, and understood that contracting through a single person limited company is a prud� �l in excess of £50,000, relating to her company’s contract work for client Vertex Data Science. Fortunately,�
Category:
News
| Fri, 13 May 2011
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.
�Contractors facing IR35 investigations can be forced to wait many years u� �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
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