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IR35 - Top 10 traps to catch the unwary contractor
HMRC is always on the lookout for contractors who put themselves inside it by making easily avoidable mistakes. Here are the top ten traps to avoid.
�hat provide grounds for HMRC to investigate their IR35 status. And for those contractors without the sto� �this is a common feature in business-to-business contracts for services. 9. The client pays for your trainin� �ou were hired to do and that are detailed in your contract, and don’t let your client tell you what to do an�
Category: Articles: IR35 | Wed, 23 Sept 2009

Contractors holiday pay ruling should make clients more supportive on IR35 status
Contractors could find clients much more helpful on IR35 status following a recent House of Lords ruling on holiday pay for ‘worker’ contractors.
�g clients to ensure their contractors are outside IR35 . This follows the recent Stringer v HM Revenue &� �of sub-contractors should be reviewing their contracts already in place and any new contracts as a matte� �nt,” explains Taylor. “Firstly, there has to be a contract in place. Secondly, the worker is personally requ�
Category: News | Mon, 03 Aug 2009

IR35: HMRC’s reliance on client evidence is failing, saving one contractor over £50k
Accountax’s IR35 victory on behalf of a PCG client shows that HMRC’s reliance on client evidence is failing, as did its previous focus on contracts.
�HMRC’s latest strategy of attempting to win IR35 cases by using client testimony to claim contract� �e early days of IR35 was to focus on contractor’s contracts. As a result, contractors have learned how to hav� �ts the importance of contractors undertaking IR35 contract reviews before signing a contract , and then keep�
Category: News | Wed, 19 Aug 2009

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

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

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

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�
Category: News | Wed, 08 Jun 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�
Category: Articles: IR35 | Tue, 28 Sept 2010

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�
Category: Articles: IR35 | Wed, 29 Feb 2012

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