Discussion
sugerbear said:
S600BSB said:
Media reporting that Gary has won his £4.9m tax battle with HMRC.
Linekar wins. (Again). Dont worry though, the usual right wing fanboys can hang on to the hope that HMRC will appeal.
With no fanboys in sight, what are the chances of anyone right of centre wanting HMRC to win, particularly if they have a weak case or no case.
Left of centre, where envy led to a majority of folks surveyed wanting an even higher top rate of tax even if didn't result in a bigger tax take, it would make more sense to want HMRC to collect more of wealthy people's money.
Good going Gary, assuming the reports of a win are accurate.
It would seem that because he had a direct contract with the Beeb, and not through an agency, he was not under IR35???
So if we were to contract straight to the client, would that get us around IR35 as well?
My last contract was this, but because we were placed at a client of our clients, we were deemed to be within IR35?
So if we were to contract straight to the client, would that get us around IR35 as well?
My last contract was this, but because we were placed at a client of our clients, we were deemed to be within IR35?
super7 said:
It would seem that because he had a direct contract with the Beeb, and not through an agency, he was not under IR35???
So if we were to contract straight to the client, would that get us around IR35 as well?
My last contract was this, but because we were placed at a client of our clients, we were deemed to be within IR35?
I think the key point is that he had multiple contracts in place at the same time. That quite heavily points to an independent contractor and not an employee.So if we were to contract straight to the client, would that get us around IR35 as well?
My last contract was this, but because we were placed at a client of our clients, we were deemed to be within IR35?
HMRC made a mistake pursuing this one IMHO.
You're also over simplifying the way inside and outside IR35 is established. It's quite nuanced, hence the court cases.
Twinfan said:
HMRC made a mistake pursuing this one IMHO.
Developing Common Law so that we all have as much certainty as possible about what Statutory Law means and how we can reasonably interpret it is as dependent on the Government losing cases as much as it is about winning. Often cases are brought because the agency enforcing doesn't know the answer either. sometimes it's simply in the public interest for a Judge to decide and for precedent to be set so everyone knows what's what.I don't know anything about the details of this case, or the outcome, it may be overturned on appeal down the line, it may lead to a clarification in Statute or a change in approach towards others with similar arrangements. All good things.
Twinfan said:
paulrockliffe said:
I don't know anything about the details of this case
Then I suggest you read up on both it and IR35 before stating that it's OK for HMRC to do what they're currently doing.BTW, multiple contracts isn't a defence against IR35.
Abdul Abulbul Amir said:
I think he was saying that HMRC challenging and losing helps create clarity of what is allowed.
BTW, multiple contracts isn't a defence against IR35.
They have lost quite a few cases and there's still not enough clarity, they can't even agree themselves what's right and what's wrong.BTW, multiple contracts isn't a defence against IR35.
Multiple contracts can form part of a defence, and as I said they're a good indicator that you're operating as a contractor and not an employee.
Twinfan said:
Abdul Abulbul Amir said:
I think he was saying that HMRC challenging and losing helps create clarity of what is allowed.
BTW, multiple contracts isn't a defence against IR35.
They have lost quite a few cases and there's still not enough clarity, they can't even agree themselves what's right and what's wrong.BTW, multiple contracts isn't a defence against IR35.
Multiple contracts can form part of a defence, and as I said they're a good indicator that you're operating as a contractor and not an employee.
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