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IR35: MBF Design Services v HMRC – key facts from the case for contractors to note
HMRC’s weak position and less than scrupulous methods show it should never have brought its IR35 case against MBF Design Services.
�been completely exonerated of any liability under IR35 by a first-tier tax tribunal. The facts reveal th� �not a disguised employee of client Airbus and his contracts were found to be outside IR35. “The parties’ plai� �intermediaries GED-Sitec and Morson that put the contract well outside IR35. These included: A clause stati�
Category: News | Mon, 07 Feb 2011

Supreme Court Autoclenz ruling confirms ‘sham’ contracts can’t disguise employment
Contractors can’t use ‘sham’ contracts to create a business-to-business relationship that in reality does not exist, confirms the Autoclenz ruling.
�e conditions which have subsequently been used in IR35 cases to determine whether a contract of service� �Contractors can’t use ‘sham’ contracts to create a business-to-business relationship wit� �his Court”. And applying case law developed under contract law, Lord Clarke said that the original Employmen�
Category: News | Wed, 27 Jul 2011

Primary Path IR35 case: HMRC was predestined to lose case offering important lessons
Contractor Phil Winfield of Primary Path was so obviously a genuine contractor and outside IR35 that HMRC was bound to lose, shows the Judge’s ruling.
�ontractor Phil Winfield was so clearly outside of IR35 and genuinely running an IT business via his limi� �e was in place, mirrored by upper and lower level contracts, ie with the contractor’s client and agencies res� �y of obligation – Judge Sadler suggested that any contract which included a substitution clause is unlikely�
Category: News | Wed, 03 Aug 2011

Contractors may have more client clarity and less IR35 risk after Autoclenz ruling
Contractors may find that, post-Autoclenz, clients work harder to justify why they’ve been hired, Professor Pat Leighton tells ContractorCalculator.
�help clarify a contractor’s status, reduce their IR35 risk and improve their classification as being ‘� �law it can apply to effectively disregard written contracts between contractors and clients with little justi� �says Leighton. “Firstly, creating a hypothetical contract had previously been restricted to scenarios when�
Category: News | Mon, 02 Jul 2012

IR35 defeat threatens broadcaster backlash for HMRC: Lorraine Kelly tribunal analysis
HMRC faces questions over its pursuit of broadcasters following a damning IR35 tribunal defeat against presenter Lorraine Kelly.
�HMRC’s grasp of IR35, its relentless pursuit of broadcasters and the r� �ignore certain evidence? While HMRC relied on the contract alone, Kelly’s witnesses confirmed that neither p�
Category: News | Thu, 21 Mar 2019

The IR35 MP hit list - The 100 politicians most likely to lose their seats
We list the top 100 MPs who risk losing their seats in Parliament if they fail to lend backing to the self-employed over Off-Payroll and IR35.
�isk of losing their seat, due to the Off-payroll (IR35) reforms that Treasury, HMRC and the Chancellor a�
Category: News | Fri, 04 Jan 2019

Why I quit contracting: the human impact of the IR35 changes
More than a year ahead of the proposed implementation date, the Off-Payroll rules are placing contractors under financial and mental strain.
�her afield. If a contract is deemed to be ‘inside IR35’, and I can also no longer claim relief on travel� �e UK’s contingent workforce to ponder exiting the contracting sector, while its prospective fiscal impact has p� �ealth as the reason: “Given the sparsity of local contracts, I would have had to consider opportunities furth� �ad to consider opportunities further afield. If a contract is deemed to be ‘inside IR35’, and I can also no�
Category: News | Tue, 29 Jan 2019

HMRC’s defence of CEST ‘akin to climate change denial’ says ContractorCalculator
In an open letter, ContractorCalculator CEO Dave Chaplin has accused HMRC of denial over the number of contractors forced ‘inside IR35’ by CEST.
�CEST assessments returning near-unanimous ‘inside IR35’ results, when conducted by numerous public secto� �O Dave Chaplin. In an open letter, the CEO of the contracting site cites widespread and indisputable evidence o�
Category: News | Tue, 21 May 2019

Treasury refusing to acknowledge IR35 “tax time bomb” planted in freelance sector
The Treasury has come under fire for misrepresenting the Off-Payroll reforms by refusing to acknowledge the tax liability imposed on clients.
�eapportionment of responsibility for applying the IR35 rules. The Treasury is yet to recognise the 14.3%� �f-payroll working rules requires renegotiation of contracts’. “While the legislation itself doesn’t require i� �y the rules has employer’s NI deducted from their contract rate as well as income tax and employee’s NI. How�
Category: News | Thu, 23 May 2019

Fix CEST or risk mass uncertainty and tax status disputes, CIOT warns HMRC
Significant improvements to CEST are required ahead of HMRC’s proposed April 2020 private sector Off-Payroll rollout, CIOT has warned.
�factors before arriving at a decision concerning IR35 status. This, it warns, leaves CEST prone to inac� �he necessary changes to be made, leaving time for contracts to be reviewed before April 2020, Chaplin warns t�
Category: News | Fri, 31 May 2019

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