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IR35 win for freelancer in commissioners case
The Special Commissioners recently found in favour of freelancer Mike Ansell in an IR35 status case.
…y found in favour of freelancer Mike Ansell in an IR35 status case. Details of the judgement are now ava…
Category: News | Tue, 07 Sept 2004

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

‘Pro Contractor’ status proposed by Professional Passport could remove IR35 threat
Professional Passport’s Crawford Temple tells ContractorCalculator how contractors will benefit from the proposed new Professional Contractor status.
…ves automatically exempt from legislation such as IR35 , the Agency Workers Regulations (AWR) and the ‘… …ey operate. We also identified that some are only contracting as a temporary measure between permanent appointm… …user clients and agencies will know that they can contract with a Professional Contractor without risk of no…
Category: News | Tue, 09 Feb 2010

Treasury targets construction contractors with false self-employment consultation
In a new consultation on ‘false self-employment’ released by HM Treasury, construction contractors face scrutiny that could impact on all contractors.
…, which may have an impact on the application of IR35 legislation . However, according to contracting s… …ation of IR35 legislation . However, according to contracting sector commentators, contractors genuinely in bus… …contractors wishing to retain their self-employed contracts and working arrangements will have to ensure thes… …s other workers to carry out operations under the contract and is responsible for paying them.” The consulta…
Category: News | Mon, 27 Jul 2009

Contractors inside IR35 may be able to claim employment rights after landmark ruling
Having been judged an Alstom employee despite years of contracting, Andrew Tilson has paved the way to some IR35 contractors claiming employee rights.
…Some contractors within IR35 might be able to claim employment rights from the… …Employee rights for contractors within IR35? The contracting sector thought that the case for contractor emplo… …ies and of high value Was authorised to negotiate contracts on behalf of Alstom Had a company phone, computer… …ractor has been found to have employment rights.” Contract was ‘a sham’ Dennemont continues: “Even though th…
Category: News | Fri, 03 Jul 2009

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

Media & entertainment contractors facing new employment status tests from April 2013
Contractors in the media and entertainment sectors may be facing new employment status tests from April 2013 as the BBC and HMRC work on new guidance.
…aw going back several decades. The application of IR35 is also dependent on the same principles and case… …and faced with the choice of taking an employment contract or not working for the BBC. Genuine contractors c…
Category: News | Mon, 19 Nov 2012

Contractors able to substitute are outside IR35 confirms UK Mail Ltd v Creasey ruling
The UK Mail Ltd v Creasey ruling appears to confirm that contractors who have the unfettered right to substitute in contracts are outside IR35.
…nnot be a ‘worker’ and therefore cannot be inside IR35 , even if the substitution right is not exercised… …have an unfettered right to substitution in their contracts cannot be working under an employment contract, s… …r contracts cannot be working under an employment contract, so cannot be a ‘worker’ and therefore cannot be…
Category: News | Tue, 27 Nov 2012

Contractor limited companies and IR35 to be investigated by Lords Select Committee
The use of contractor limited companies for tax avoidance and the effectiveness of IR35 are to be investigated by a House of Lords Select Committee.
…avoid tax, and to establish the effectiveness of IR35 . “This inquiry will form a wide-ranging review o…
Category: News | Thu, 21 Nov 2013

IR35 reforms will decimate Government projects, survey shows
IR35 reforms will decimate Government projects with four in five contractors set to leave the public sector. Contractors need to raise awareness now.
…services will be decimated if proposed reforms to IR35 in the public sector go through, with 80% of cont… …ors - a 58% increase in taxable income earned via contracting. HMRC facing tax loss of £115m Contrary to its an… …at forcing contractors into fixed term employment contracts would actually reduce HMRC’s overall tax take by… …on abandoning the sector rather than accepting a contract inside IR35. The real danger for all contractors,…
Category: News | Wed, 03 Aug 2016

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