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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 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

Public sector contractors deserve praise and recognition, not to suffer a witch-hunt
Genuine contractors shouldn’t be subject to a government and media witch-hunt, because the tool to identify & tax disguised employees is there – IR35.
…g through limited companies, then mechanisms like IR35 are already in place to control any abuses. So, i… …as employees.” Call for greater understanding of contracting’s contribution Contractor organisations have resp… …s on assignment with the civil service have their contracts breached and are forced to become employees again…
Category: News | Wed, 22 Feb 2012

IR35 negotiations - use employment rights to gain client cooperation
Contractors can use the threat of claiming employment rights as a bargaining chip with clients following two key rulings, says Andy Vessey of Qdos.
…s during contract negotiations, or during an HMRC IR35 enquiry . And if they lose an IR35 enquiry due to… …on their own professional business and enter into contracts to provide services to clients or customer,” cont… …m to secure cooperation from their clients during contract negotiations, or during an HMRC IR35 enquiry . An…
Category: Articles: IR35 | Wed, 10 Sept 2014

IR35 applies to office holders unless there is no personal service
It will apply to any contractor who becomes an office holder unless they can prove that personal service is not required.
…duties of an office for their client must operate IR35 . That is unless they can prove that the role doe… …Proving no personal service is a condition of the contract will be difficult to achieve for the vast majorit…
Category: Articles: IR35 | Tue, 25 Nov 2014

Contractor clients hit by new HMRC campaign threatening livelihoods, fears PCG
Contractor clients have been targeted in a new HMRC campaign that could damage client relationships and threaten contractor livelihoods, says PCG.
…nly looks like contractors are being targeted for IR35 investigations, judging from the questions being…
Category: News | Mon, 17 Mar 2014

Contractors being forced out of Ministry of Justice by new IR35-unfriendly contracts
Contractors may be forced to leave the Ministry of Justice early, or sign a new contract that puts them inside IR35, learns ContractorCalculator.
…em to sign contracts putting them squarely inside IR35 . Concerned sources within the MoJ have told Cont… …istry of Justice (MoJ) may be forced not to renew contracts, or terminate contracts early, as a result of a n… …n the MoJ have told ContractorCalculator that all contract labour in the ministry is being transitioned onto…
Category: News | Mon, 24 Mar 2014

Contractors may benefit from OTS employment status review, which could affect IR35
Contractors could benefit from the findings of a review of employment status initiated by the Office of Tax Simplification, due out for Budget 2015.
…ployment status. The review might even affect the IR35 tax legislation. According to the OTS, the review… …ifically acknowledge the so-called ‘third way’ of contracting and freelancing, then contractors would benefit.”…
Category: News | Thu, 31 Jul 2014

IR35 office holder changes: very few contractors will be affected
Most contractors will be unaffected by the changes that will bring office holders inside IR35, confirms Roger Sinclair of Egos.
…ractors are unlikely to be affected by changes to IR35 that will bring office holders, like directors, c… …will apply: if the services were provided under a contract directly between the client and the worker, the w…
Category: News | Thu, 24 Jan 2013

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