BN66 - JR Judgement Day

[KiwiGuy]

Oh this is soooooo good

http://3.bp.blogspot.com/_z5hT1P0X79...s1600/jedw.png

[DS23]

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[malvolio]

Er, even if one declared yourself IR35 'caught,' that is an artificial uncertainty. HMRC has won just a handful of IR35 investigations, a number you can count on one hand, I believe.

So your point doesnt hold.

No es comprende...

"I don't know about my IR35 status so I will pay the taxes as though I was caught so I don't get investigated for non-payment". Seems pretty clear cut to me..

[not-a-penny]

My MP wrote an interim response earlier this week. He said he would 'raise and discuss the matter further with his colleagues.' I havent had any other response yet.

Same here. I don't expect much more at this stage, just setting the scene for future letters.

[BolshieBastard]

No es comprende...

"I don't know about my IR35 status so I will pay the taxes as though I was caught so I don't get investigated for non-payment". Seems pretty clear cut to me..

You're having a laugh. When HMRC cant win more than a couple of IR35 cases they investigate, you suggest people should deem themselves caught even though the very people who investigate said legislation dont win? **** off.

[kiwinlondon]

You're having a laugh. When HMRC cant win more than a couple of IR35 cases they investigate, you suggest people should deem themselves caught even though the very people who investigate said legislation dont win? **** off.

Does it make any difference.. when they retrospectively change everything anyway... your not "caught" now... but that can easily be changed ;-)

[DonkeyRhubarb]

The appeal

The legal team have been working on it since the judgement was handed down, and it's already gone through several iterations. Final refinements will be made this weekend, and it should be lodged with the Court of Appeal on Tuesday.

The team are going to find out from the courts as to when we are likely to get a decision. It is possible that, just as with the JR, the written application may be refused and we'll have to go through an oral hearing.

Will keep you posted.

[malvolio]

You're having a laugh. When HMRC cant win more than a couple of IR35 cases they investigate, you suggest people should deem themselves caught even though the very people who investigate said legislation dont win? **** off.

Perhaps you should go back and read the post that I was answering, then you might actually understand what I said.

Also, the objective is to avoid a pointless, disruptive and expensive three year investigation. One way of doing that is to pay the tax. I didn't say it was a good idea.

[silver_lining]

Sigh...

The simple answer to IR35 is declare yourself caught. Then either operate YourCo as per the IR35 rules or use an umbrella. The intelligent answer if you think you're outside is get insurance so you don't deal with it by yourself (there's around 4,500 people have managed that bit wuite successfully).

Those are the commercially valid options, all three of which establish your tax position. Stop kidding yourself that anyone outside these boards will accept your argument.

I think the artifical discussion needs to end. It's a non starter if the argument is rooted on this specific point.

The fact remains was it legal at the time? forseeability, applicability...
Does the clarified legislation apply, ie Padmore?....
The above points make it clear cut... Judicary needs to make a call on this.... so far they have ie Parker says I don't care... Parliament can do whatever they want... fair share, public policy etc

does it violate individuals rights either way...
Again call thus far is, onus was equally on taxpayer plus 'clear signals'.... etc

So the above points are now the fight

[silver_lining]

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