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Contractor suffers defeat to HMRC in latest IR35 tribunal case
Robert Lee lost his appeal against HMRC after the tribunal determined he was “subject to overarching controls” while contracting for Nationwide.
�ed a rare victory over a contractor in the latest IR35 tax tribunal ruling to emerge. Project manager Ro� �ning a tax bill exceeding £70,000 for a series of contracts between his limited company, Northern Lights Solu� �project management role. “During the course of a contract Nationwide had the right, albeit not exercised, t�
Category: News | Wed, 04 Mar 2020

Major loss for HMRC after Atholl House Court of Appeal ruling
HMRC suffered a huge IR35 blow at the Court of Appeal after the three judges unanimously rejected their primary ground of appeal, despite the case now being remitted back to the UT.
�ourt of Appeal has published its decision for the IR35 case of HMRC v Atholl House Productions Limited ,� �with the alteration of the identity of one of the contracting parties). That contract, like any other agreement� �x year(s) in question. The position under earlier contracts between the same parties is admissible as part of� �e necessary, but not sufficient, conditions for a contract of employment, and if those conditions are satisf�
Category: News | Tue, 26 Apr 2022

PCG seeks candidates views on freelancer policies
PCG asks parliamentary candidates for their views on issues affecting freelancers.
�behalf during February and March, and highlighted IR35 as being the single most important issue, with ha�
Category: News | Thu, 21 Apr 2005

Defeat sparks further IR35 fears for employers
Companies may face huge tax bills after court ruling that could set precedent.
�could set a precedent that could override tax law IR35 in certain cases. Last week, the Court of Appeal�
Category: News | Fri, 17 Mar 2006

IR35 – is HMRC taking liberties with our rights?
Under IR35 laws, contractors are guilty until they prove themselves innocent and contract law simply doesn’t apply. Fair?
�. Welcome to the twilight zone of contracting and IR35 . Just when you thought it was safe to go back in� �error suspects... Welcome to the twilight zone of contracting and IR35 . Just when you thought it was safe to g� �s guilty until they prove themselves innocent and contract law simply doesn’t apply? And we’re not talking a�
Category: News | Mon, 24 Nov 2008

Contracting and AWR: who will be in AWR’s scope and what rights they will receive
Contractors will be affected by the Agency Workers Regulations, either because they are in its scope or because they have to prove they are out of it.
�’ are not the same as ‘control’ in the context of IR35 . As AWR is understood at present, a contractor c� �cts work to other contractors. The ‘hirer’, or in contracting terms the ‘client’, is defined as: ... a person e� �pervision and direction of a hirer; and (b) has a contract with the temporary work agency which is—�
Category: News | Wed, 27 Jul 2011

PGMOL Court of Appeal ruling means CEST overhaul now required
The Court of Appeal has reaffirmed again that the taxman’s interpretation of mutuality of obligation (MOO) is wrong in law.
�right on this matter, “ says Dave Chaplin, CEO of IR35 Shield, “and we now have binding law from the Cou� �. (Paragraph 125) To establish whether individual contracts are contracts of employment one needs to consider� �of overarching and single engagements, whether a contract exists, if it is one of employment, and whether i�
Category: News | Mon, 20 Sept 2021

How to lobby your MP against more damaging IR35 reforms
The recent IR35 reforms caused considerable damage and could hurt you if rolled out to the private sector. Please lobby your MP now to prevent this - here’s how.
�The public sector IR35 reforms have had a devastating impact: damaging p� �or. The taxman ignored the warnings issued by key contracting stakeholders when deciding to press ahead with th�
Category: News | Wed, 30 May 2018

ContractorCalculator: Contracting news in brief - 18/May/2012
News this week includes the latest IR35 insights; P35 advice; contractor demand data; partial financial sector recovery; & HMRC service improvements.
�HMRC’s new IR35 framework offers no certainty for contractors now� �another record high, as ever-more workers choose contracting and freelancing UK self-employment reached anothe� �ntractors may benefit from fresh financial sector contracts in the coming months, as April saw the highest nu� �nt (CIPD) Labour Market Outlook. The total of new contract and temp roles forecast for 2012 may rise to 35%�
Category: News | Thu, 17 May 2012

ContractorCalculator: Contracting news in brief – 30/Mar/2012
News this week includes new IR35 HMRC business test; energy sector skills shortage; GAAR takes shape; ongoing AWR impact; late payment; & HMRC update.
�ril as HMRC introduces its new risk profiling and IR35 administration regime. HMRC has confirmed its ear� �s businesses as a single entity, rather than on a contract by contract basis. This is likely to place a grea�
Category: News | Thu, 29 Mar 2012