The Right of Substitution is an important factor in IR35 / employment status cases, but how can it be used in reality? Why a RoS clause is useless unless it reflects the reality of the contractor's working practices.
(Mar 11, 2010 in
IR35
)
If your IT contract work is caught by the IR35 rules, you will receive most of your income in the form of a deemed payment, net of a standard 5% allowance to cover administrative expenses.
(Mar 10, 2010 in
IR35
)
A brief overview of what the 'mutuality of obligation' means in the context of determining the IR35 status of a contract.
(Feb 22, 2010 in
IR35
)
According to a recent press report, the Conservatives are looking at making the taxation system fairer for the self-employed should they win the General Election.
(Feb 9, 2010 in
IR35
)
A leading contractor accountancy firm has welcomed the recent 'fair and equitable' decision by the Employment Appeal Tribunal in the Alstom Transport vs. Tilson case, in which an independent contractor was deemed not to be an 'employee' after all.
(Feb 1, 2010 in
IR35
)
IR35 may have been hibernating for the last few years, but leading tax experts are warning contractors to remain vigilant.
(Jan 14, 2010 in
IR35
)
Leading tax expert, Nichola Ross Martin, notes that IR35 might suit the Government rather well, especially during hard times, and that the chances of the intermediaries legislation being repealed in the Pre-Budget Report are slim.
(Dec 6, 2009 in
IR35
)
As there is a significant financial cost for contractors caught by the IR35 rules, you should always get an IR35 opinion on your contracts. Includes a list of companies who provide IR35 status and contract drafting services.
(Nov 25, 2009 in
IR35
)
A recent case further highlights the different approaches used in determining employment status when considering employment rights as opposed to tax.
(Nov 13, 2009 in
IR35
)
In its submission to the Chancellor ahead of the much-anticipated Pre-Budget Report, the PCG has called for IR35 and other restrictive measures to be scrapped in the interests of the economic recovery.
(Nov 9, 2009 in
IR35
)
A leading contractor news site has published a special report, looking back on 10 years of IR35 - including insights from some of the leading experts in the contracting industry.
(Nov 5, 2009 in
IR35
)
If your contract falls outside the IR35 rules, it is important that you gather and keep supporting evidence to show that this is the case.
(Sep 22, 2009 in
IR35
)
A contractor accountancy firm has launched a series of videos aimed at helping contractors understand exactly what IR35 is.
(Aug 25, 2009 in
IR35
)
The Government has launched a new consultation which addresses the issue of false self employment in the construction industry. What this could mean for IR35 and professional contractors.
(Jul 29, 2009 in
IR35
)
The subject of IR35 was raised again in the Commons last month, with a Government Minister refusing to provide details of all IR35 investigations launched over the past five years.
(Jul 22, 2009 in
IR35
)
A future Tory Government would review IR35 with a view to amending or replacing it, according to a recent interview with a Shadow cabinet minister published this week.
(Jun 30, 2009 in
IR35
)
Where do the Tories - traditionally seen as small business champions - stand on IR35?
(Jun 15, 2009 in
IR35
)
Despite the pitiful annual tax take for the Treasury, IR35 has had a considerable cost on the contracting industry over the past decade.
(Jun 3, 2009 in
IR35
)
Ten weeks after a Lib Dem MP called for IR35 to be abolished, 85 MPs have signed the Early Day Motion backing up the call.
(Jun 2, 2009 in
IR35
)
IT Contractors may wish to take out tax investigation and/or IR35 insurance to cover them in the event of a status challenge by HMRC.
(Jun 2, 2009 in
IR35
)
The leading contractors' association has revealed that IR35 raises virtually nothing for the Treasury - yet it causes misery for thousands of small businesses who have to comply with the rules.
(May 21, 2009 in
IR35
)
Kate Cottrell responds to recent calls for the abolition of IR35. Could something even worse be implemented in its place?
(Apr 9, 2009 in
IR35
)
The PCG has called on the Chancellor to abolish IR35, and other barriers to contracting, in the forthcoming Budget.
(Apr 7, 2009 in
IR35
)
A concise overview of the recent Dragonfly Consultancy IR35 case - and its importance to the future of IR35 status rulings.
(Mar 26, 2009 in
IR35
)
Contractors have welcomed an Early Day Motion to remove barriers to business in light of the economic downturn and to abolish IR35 as soon as possible.
(Mar 23, 2009 in
IR35
)
It is ten years to the day since the Government penned its now notorious 'IR35' press release from which the tax legislation takes its name. How the IR35 rules came into being.
(Mar 9, 2009 in
IR35
)
On the tenth anniversary of the birth of IR35, we take a look back at how the notorious 'intermediaries legislation' came into being.
(Mar 6, 2009 in
IR35
)
The HMRC penalties regime from April 2009 could prove financially damaging to contractors who haven't taken 'reasonable care' in assessing their IR35 status.
(Feb 13, 2009 in
IR35
)
A controversial IR35 case involving Larkstar Data Limited will be re-heard by the General Commissioners following orders from the High Court.
(Feb 5, 2009 in
IR35
)
In light of the Dragonfly IR35 verdict, a leading IR35 status expert suggests that contractors should review their IR35 status and mitigate their exposure to risk.
(Feb 3, 2009 in
IR35
)
A freelance site has uploaded a podcast which discusses the landmark Dragonfly IR35 case, and why contractors should ensure that their contracts reflect the reality of their true working practices.
(Jan 29, 2009 in
IR35
)
Overview of IR35 compliance factors including the Right of Substitution, Control and Mutuality of Obligation. Does your contract fall within the IR35 rules?
(Jan 8, 2009 in
IR35
)
A brief guide to the controversial IR35 tax rules, how it affects IT contractors, and how to be IR35 compliant.
(Jan 4, 2009 in
IR35
)
The PCG has released a new edition of its IR35 Guide. Coming just months after a landmark IR35 court case, the group points out that it's still entirely possible to work outside IR35 if contractors take care.
(Dec 18, 2008 in
IR35
)
Most contractors aren't making the effort to ensure that their contracts are IR35 compliant, putting them at risk from HMRC investigations, according to a new survey. In fact, most contractors have never had their contracts reviewed.
(Oct 15, 2008 in
IR35
)
Although the current economic climate may bring extra work opportunities, professional interim managers have been urged by their representative body to look into the details of the recent Dragonfly IR35 judgement.
(Sep 15, 2008 in
IR35
)
Following the landmark Dragonfly Consultancy IR35 case, a leading accountant has provided his response to the High Court judgment and what it means for contractors.
(Sep 8, 2008 in
IR35
)
The director of Dragonfly Consultancy faces a huge tax bill after losing his landmark IR35 appeal at the High Court. What does the loss of this case mean for other IT contractors?
(Sep 4, 2008 in
IR35
)
A recent survey suggests that most IT contractors have not sought a professional opinion of their IR35 status.
(Aug 22, 2008 in
IR35
)
An event to help raise awareness of IR35 and the MSC legislation is taking place on 28th August in Aberdeen - aimed at engineering and IT contractors.
(Aug 20, 2008 in
IR35
)
The key to determining if you are caught by the IR35 rules - are you deemed to be 'employed' (and therefore within IR35), or 'self-employed' (and therefore outside the rules)?
(May 18, 2008 in
IR35
)
There is s significant difference in the tax treatment of IT contractors whose contracts fall either inside, or outside, the IR35 rules.
(Feb 18, 2008 in
IR35
)
An IT Contractor, who was found to be liable for £27k in IR35 taxes, could have avoided such a fate if he had sought "sound business advice and professional support".
(Jan 22, 2008 in
IR35
)
How IT Contractors can remain IR35 compliant. Which factors are used by HMRC to determine whether an IT contract falls under the IR35 rules - including the right of substitution, working practices, and financial risk.
(Nov 26, 2007 in
IR35
)
The Conservatives are committed to abolishing IR35, according to their Competitive policy group. No statement has yet been made about the Managed Service Company legislation
(Aug 17, 2007 in
IR35
)
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