UTT gives HMRC another spanking.

[WordIsBond]

If it's a turkey, and someone thinks it quacks like a duck, it says more about them than the turkey.

I don't think there's any doubt that this is a turkey, but that doesn't make it a duck.

[Lance]

Let's agree to disagree then.

If it quacks like a duck...

Agreeing to disagree implies there anything subjective here.
There’s not. Not outside your mind anyway.

[elsergiovolador]

Let's agree to disagree then.

If it quacks like a duck...

[DaveB]

HAHAHAHAHAHAHA.......

why on earth would they have do that?
It's not like it's overpaid tax. It's tax paid voluntarily based on a a flawed assessment tool. HMRC will simply say that the tool isn't supposed to replace actual tax knowledge. It's simply a tool to assist.

So you think omission of MOO in CEST tool is just a mistake?

MOO was omitted deliberately, but it was not illegal or fraudulent.

HMRC have said all along the the CEST was a tool to assist in decision making, not a binding implementation of tax law. You didn't have to use it if you didn't want to.

Their ommission of MOO was based on their opinion of how the law on employment contracts worked. There was no decision in Law to contradict them s they were able to perpetuate their argument.

With this UTT ruling they have had that argument supporting their opinion dismissed and will have to do something about it.

Regardless of what they do or do not do, using the CEST remains optional.

[elsergiovolador]

fraud = illegal
you not liking it != illegal

So you think omission of MOO in CEST tool is just a mistake?

[Lance]

That sounds like a fraud to me to make people pay incorrect tax.

fraud = illegal
you not liking it != illegal

[elsergiovolador]

HAHAHAHAHAHAHA.......

why on earth would they have do that?
It's not like it's overpaid tax. It's tax paid voluntarily based on a a flawed assessment tool. HMRC will simply say that the tool isn't supposed to replace actual tax knowledge. It's simply a tool to assist.

That sounds like a fraud to me to make people pay incorrect tax.

[Lance]

My prediction is that the final HMRC appeal is going to be accepted, otherwise HMRC will have to pay tax back to all those people wrongly assessed with the tool.

HAHAHAHAHAHAHA.......

why on earth would they have do that?
It's not like it's overpaid tax. It's tax paid voluntarily based on a a flawed assessment tool. HMRC will simply say that the tool isn't supposed to replace actual tax knowledge. It's simply a tool to assist.

[elsergiovolador]

My prediction is that the final HMRC appeal is going to be accepted, otherwise HMRC will have to pay tax back to all those people wrongly assessed with the tool.

[AnthonyQuinn]

BS.......

getting the right skills isn't easy. Any contractor, with niche skills and plenty of experience, and a track record of adding value, will still continue to operate outside IR35.
As for the risks.... It depends.... If you're just another bum on seat they're not going to wear it. If however, you are one person, doing one critical 'job' then they'll accept the risk
The don't want the risk of being shafted for a hundred contractors, they'll cope for one or two.

Niche skills are niche for a reason. While there is not much supply there's not much demand either. If there was a lot of demand then it wouldn't be niche, it would be mainstream.

There will be no contracts for a while. Get over it. You will then accept whatever is offered. Its not as if clients are going to be flush with the mother of all recessions looming.