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ECR Consulting IR35 ruling reveals the many factors that kept contractor outside IR35
Contractor Elaine Richardson was found by Judge David Porter to be outside IR35, according to all key employment status tests.
�tractor Elaine Richardson was found to be outside IR35 , according to all the key tests of employment, i� �ichardson’s day rates varied substantially across contracts with the client, ranging from £600 to £350 a day.� �decided that Miss Richardson was employed under a contract for services ,” concluded Judge Porter, who also�
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News
| Wed, 08 Jun 2011
IR35 Solutions: Improved targeting by HMRC will increase the quality of enforcement
If it is to remain in the medium term, HMRC can apply its expertise to improve targeting and increase the quality and consistency of enforcement.
�IR35 is unlikely to be abolished or replaced in the me� �eeds to drive effective self-compliance among the contracting community. And the evidence clearly suggests HMRC�
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Articles: IR35
| Mon, 31 Jan 2011
IR35 victory for Primary Path Ltd against HMRC
Phil Winfield has won his eight-year fight against HMRC, with a first tier tax tribunal finding his company, Primary Path, to be a genuine business.
�Contractor Phil Winfield has won his IR35 battle against HMRC. Eight years after the taxman� �ntrol which would have been needed to establish a contract of employment just did not exist.” PCG Managing D�
Category:
News
| Tue, 12 Jul 2011
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�
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Articles: IR35
| Thu, 01 Jul 2010
IR35 issues for project managers working as contractors
Project managers can stay outside as long as they have no line management responsibilities.
�ey may well be identified by HMRC as being inside IR35 , with all the resulting additional tax liabiliti� �roject managers include: If the contractor starts contracting for their former employer, many existing staff wo� �Contractors who choose contracts with project management responsibility by definit� �igation, HMRC will typically require the original contract advertisement and any resulting proposal from the�
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Articles: IR35
| Tue, 17 Aug 2010
IT contracting lessons in Agile Development for HMRC: IR35 and test-first taxation
IT contracting can offer HMRC lessons in the development of taxation and insights into why IR35 failed, writes ContractorCalculator CEO Dave Chaplin.
�nt of new taxation, and further insights into why IR35 was doomed to fail from the outset. The underpinn� �IT contracting’s use of Agile Development best practice can offe�
Category:
News
| Wed, 26 Jan 2011
IR35 future: what would happen if the UK copied Canada?
The employment tests in Canada are similar to the UK ones, but it is the client who gets punished if a contractor is found to be a disguised employee.
�t to a similar battery of employment tests to the IR35 tests used for those working in the UK. These tes� �actors, which could impact negatively on the UK’s contracting sector.� �and client. It asks whether the relationship is a contract of services , where the contractor is really an e�
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Articles: IR35
| Tue, 28 Sept 2010
Public sector contractors will need proof of IR35 status to avoid HMRC inspection
Contractors working on public sector assignments can avoid an IR35 review by proving they are outside IR35, HMRC and HM Treasury officials tell APSCo.
�can complete assignments without fear of an HMRC IR35 investigation initiated by the newly introduced o� �tion being assignment-driven), or use HMRC’s free contract review service.” Despite the concern that the off�
Category:
News
| Wed, 17 Oct 2012
What is a disguised employee?
Limited company contractors will find themselves labelled as ‘disguised employees’ and caught if they pass the tests of employment.
�e UK government introduced tax legislation called IR35 that, when applied by HM Revenue and Customs (HMR� �tional Insurance Contributions (NICs) as if their contracting fee income were employment income. The tests of e� �unt or a disguised employee. IR35 is applied on a contract by contract basis. So, for example, a contractor�
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Articles: IR35
| Wed, 29 Feb 2012
Contractors face at least two years of the current business entity tests: IR35 Forum
Contractors may be facing two years of the business entity tests in current form, not one as originally planned, reveals the latest IR35 Forum minutes.
�C. This is according to the minutes of the latest IR35 Forum held on 23 July 2012 , which also reveal th�
Category:
News
| Fri, 10 Aug 2012
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