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Contracting business Marlen Ltd. wins IR35 case against HMRC
Contractor Gary Hughes has won his IR35 case against HMRC, with the tribunal finding that his relationship with client JCB was not one of employment.
�ractorCalculator: “It was always our opinion that IR35 did not apply from the outset. The tribunal found� �hes and his client JCB within each of a series of contracts between JCB and Hughes’ contractor limited compan� �ntrol which would have been needed to establish a contract of employment just did not exist.” Nicola Smith o�
Category: News | Fri, 01 Jul 2011

How to pass IR35 and save thousands by convincing clients to allow substitution
An exercised right of substitution (RoS) clause is the IR35 silver bullet you need to pass IR35. Here's how to get clients to allow it.
�To have a cast iron gaurantee of avoiding IR35 an exercised Right of Substitution is the ultimat� �s where this will be fruitless. Some clients have contracts with the agencies that will never pass IR35 and c� �itution is the ultimate factor. The clause in the contract must be worded correctly to ensure any substituti�
Category: Articles: IR35 | Mon, 14 Nov 2016

Using a right of substitution in contracts will help prove outside IR35 status
A valid right of substitution clause in contracts is a great defence of your outside IR35 status
�r contracts to try to ensure remaining outside of IR35. If you are providing a service, and not employme� �d include a right of substitution clause in their contracts to try to ensure remaining outside of IR35. If yo� �000 many contractors have managed to negotiate a "contract for services" with their clients, and this has in�
Category: Articles: IR35 | Thu, 15 Dec 2016

HMRC forecasts 230 IR35 cases by March 2013: latest IR35 Forum minutes
HMRC predicts that by March 2013 it will have investigated 230 IR35 cases, according to the minutes of the January 2013 IR35 Forum.
�March 2013 it will have 230 ongoing and resolved IR35 cases investigating contractors under the risk-ba� �ntract review service. The focus on public sector contracting, which gained so much media attention during 2012� �on the usage of the business entity tests and its contract review service. The focus on public sector contra�
Category: News | Fri, 15 Feb 2013

Gary Lineker wins IR35 tax case against HMRC
Gary Lineker has won his multi-year battle against HMRC, having been wrongly accused by HMRC of underpaying £4.9m in tax.
�any taxes or national insurance by reason of the IR35 rules." Dave Chaplin, CEO of IR35 tax compliance� �n of his services, he did so as principal thereby contracting directly with the BBC and BT Sport. As such, the� �at he operated via a partnership and had a direct contract with both the BBC and BT Sport. In section 49 of�
Category: News | Tue, 28 Mar 2023

O'murphy IR35 case highlights problems
Case highlights problems of IR35
�d wrong? The case has highlighted the problems of IR35 again, but has once again failde to satisfy the c� �id that he was in fact not an employee as no real contract had existed between the parties, although a confi�
Category: News | Thu, 25 Oct 2001

97% of contractors have opted-out of agency regulations
According to a survey more than 97% of contractors have opted-out of the Employment Agency Regulations.
�business." Some insurers are refusing to provide IR35 cover to contractors that do not opt-out of the n�
Category: News | Tue, 24 Aug 2004

PCG survey highlights upturn in freelance contracting market
The latest and most comprehensive membership survey conducted by the Professional Contractors Group (PCG) confirms the uplift in the contractor market.
�their businesses. In terms of specific concerns, IR35 and Section 660A topped the league. Taxation and� �r cent of respondents indicated that they were in contract, compared to seventy seven per cent of those who�
Category: News | Thu, 09 Sept 2004

Orange Genie: umbrellas, IR35, and the market
Orange Genie discusses their umbrella offering, IR35, and the Market.
�roportion of those are ex Ltd company clients, or IR35 caught clients, or non-IR35 clients? A) We deal w� �other Umbrella companies and the rest are new to contracting. Not only do we give each person initial advice a� �’re still some way off the point where rates (and contracts) are sufficiently robust for us to recommend anyt� �y subsistence (lunches etc). Over the course of a contract this amounts to a sizeable saving. So even if you�
Category: News | Sun, 26 May 2002

Contractor Doctor: If I sign a confidentiality agreement in my name am I inside IR35?
Contractors asked to sign confidentiality agreements in their name, and not their limited company’s, are unlikely to be at risk.
�with a new client. I had my contract checked for IR35 by a consultant and it received the all-clear. Bu� �a confidentiality agreement. Good luck with your contracting! Contractor Doctor� �rganisation and therefore not bound by employment contracts. Clients can’t change contractual terms, in theor� �ctor and I’ve just started work on a six-month IT contract with a new client. I had my contract checked for�
Category: Articles: Contractor Doctor Q+A | Mon, 31 Jan 2011