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Contracting termination clauses that avoid IR35 risk
The termination clause in a contract can result in a ruling going either way.
�ave a part to play in keeping contractors outside IR35 . Termination clauses and notice periods vary con� �So why should termination clauses be left out of contracts? If a project ends naturally ahead of schedule an� �clauses and notice periods vary considerably from contract to contract. Most are designed to protect the cli�
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Articles: IR35
| Mon, 18 Jan 2021
BREAKING NEWS: Kaye Adams IR35 ruling stands as Tribunal dismisses HMRC appeal
HMRC’s appeal against presenter Kaye Adams’ 2019 IR35 tribunal victory has been dismissed by the Upper Tribunal.
�r after an unsuccessful appeal against the deemed IR35 status of presenter Kaye Adams throughout engagem� �aced because, when entering into the hypothetical contracts here at issue, Ms Adams would have been entering� �” Ruling emphasises importance of ‘conduct of the contract’ HMRC successfully argued one of its grounds of a�
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News
| Fri, 19 Feb 2021
Contractors can avoid IR35 by using substitutes, subcontractors and helpers
You can use other workers to help fulfil contracts and thereby prove those contracts are outside.
�actual use of a substitute is considered by many IR35 experts to be the closest thing there is to a ‘si� �an contribute to fulfilling the requirements of a contract, particularly if the lead contractor falls ill or�
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Articles: IR35
| Wed, 06 Jan 2021
Keeping control keeps IR35 away from contractors
To stay outside, you should ensure you are not under the supervision, direction and control of your clients.
�ients may also be likely to be found to be inside IR35 . Control is one of the key tests of employment u� �when determining control. This is because in many contracts the contractor is required to work on the client’� �requires doing, which was outside of the original contract. There are two aspects to the ‘what’ factor: Does�
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Articles: IR35
| Thu, 07 Jan 2021
Gary Lineker under HMRCs IR35 radar for £4.9 million
HMRC pursues presenter Gary Lineker for £4.9m in back taxes and NICs under IR35, despite his likely status of being in-business on his own account.
�and National Insurance Contributions (NICs) under IR35, the intermediaries legislation. This significant�
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News
| Thu, 06 May 2021
Rough Tax Justice II – IR35 defence duo pinpoint importance of fact-find
The IR35 defence duo Chris Leslie of Tax Networks and Dave Chaplin of IR35 Shield explore issues at the coalface of their IR35 defence work.
�The IR35 defence duo Chris Leslie of Tax Networks and Dave� �skills and operated its business through several contracts in the IT Industry. HMRC’s opinion was that RALC� �to retrospectively consider IR35 status after the contract commenced, following which all the events had tak�
Category:
News
| Mon, 26 Jul 2021
Prove your contract is outside IR35 by collecting key evidence
Contractors generate evidence about it every day and by filing it they could halt an HMRC review at the outset.
�collect key pieces of evidence likely to halt an IR35 investigation before it even gets started. Typica� �tion and which is beyond what you were originally contracted for, and your relationship with the client is suc� �t was done and how long it took. 4. Tendering for contracts Tendering clearly demonstrates that you are in bu� �ng the client that you are taking time out of the contract and make sure you keep a copy of the email. Times�
Category:
Articles: IR35
| Mon, 01 Nov 2021
BREAKING: Bryan Robson wins majority of IR35 Tax Case against HMRC
Bryan Robson partially won the IR35 tax appeal against HMRC, highlighting that complex tax laws urgently need reform.
�any, Bryan Robson Limited. The case concerned the IR35 legislation and whether Robson was working as a d� �MRC shortly before the hearing due to the earlier contracts between direct engagements between MUFC and Bryan� �used to offset any IR35 tax bill. The Ambassador contract with MUFC was for £300,000 per year for a combina�
Category:
News
| Wed, 22 Jan 2025
HS2 in Crisis: A Scandal Years in the Making, Rooted in Off-Payroll Reforms
HS2 has been pushed back beyond 2033, with overruns, delays, and accusations of malpractice derailing Europe’s most ambitious transport project.
�ically, in the spring of 2017. That's when HMRC's IR35 Off-Payroll reforms came into effect for the publ�
Category:
News
| Mon, 23 Jun 2025
Should contractors inside IR35 have employment rights?
Contractors caught by the legislation are taxed like employees, yet they have no employee rights unless they go to court to claim them. An unfair situation that the Government should resolve.
�Suppose HMRC claims that you are inside IR35 on a given contract? You can probably fight it, a� �e HMRC claims that you are inside IR35 on a given contract? You can probably fight it, and HMRC does loose m�
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Articles: IR35
| Tue, 24 Oct 2017
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