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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
Dragonfly verdict - “no massive additional exposure to IR35 risk”
Following analysis of the Dragonfly case, IR35 experts Qdos Consulting say that contractors should fear no major IR35 risk but must take action now.
�than Bessell of Dragonfly Consulting had lost his IR35 appeal in the High Court and faced a £99,000 tax� �g in expert colleagues to stay outside IR35 . Sub-contracting elements of their work to colleagues and absorbin� �ors must still take urgent action to ensure their contracts and working arrangement with clients are clear, a� �not overrule the implications of the hypothetical contract. Contractors should still take urgent action Acco�
Category:
News
| Wed, 10 Sept 2008
Only ‘reasonable care’ will help contractors avoid IR35 penalties
Guidance from HMRC places a greater regulatory and financial burden on contractors, who have to demonstrate ‘reasonable care’ in every contract.
�to avoid the contractor being found to be within IR35 . The new guidance applies to tax returns and doc� �ded by a range of specialist organisations in the contracting sector. Perhaps the time has now come when contra� �l have to take even greater care when negotiating contracts with their agents and clients. In future, every c� �expected that if a contractor does not get their contract reviewed for IR35 by an expert, they have not “ta�
Category:
News
| Wed, 24 Sept 2008
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
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
Why contractors caught by IR35 cannot necessarily claim employment rights
Roger Sinclair of Egos dashes the hopes of contractors caught by it claiming employment rights from their clients.
�Contractors caught by IR35 and being taxed as if they were employees are oft� �y have been mistreated by the client and/or their contract has been terminated early . However, according to�
Category:
Articles: IR35
| Tue, 20 Apr 2010
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�
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Articles: IR35
| Wed, 28 Apr 2010
PCG lobbying gains contractors Tory commitment to “review” IR35
In a letter to PCG, Shadow Business Minister Mark Prisk promises the Conservative Party will “review” IR35 should the Tories win the General Election.
�employment and tax status being challenged under IR35 legislation , if the Conservative Party win the n�
Category:
News
| Wed, 31 Mar 2010
Conservatives pledge to amend or replace IR35
Shadow Corporate Governance Minister Jonathan Djanogly says a future Conservative Government would review IR35 - either amending or replacing it.
�hat a future Conservative Government would review IR35 with the aim of amending or replacing it. He also� �lator is a leading independent website for the UK contracting industry – most of whom are highly skilled knowle� �prefer to run their own businesses and work under contract rather than become employees of specific companie�
Category:
News
| Tue, 30 Jun 2009
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