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Just to add to the doom, two big IR35 losses

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    #31
    Originally posted by BlasterBates View Post
    Whoops ....looks like the flood gates will open now. Seems to me that the IR have finally found the chink in the armour.
    Depressing, ain't it?



    If anyone has some positive news on IR35, feel free to post it here:

    <space reserved for good news for contractors>

    Thanks...
    Rule #76: No excuses. Play like a champion.

    Comment


      #32
      Originally posted by Xenophon View Post
      Depressing, ain't it?



      If anyone has some positive news on IR35, feel free to post it here:

      <space reserved for good news for contractors>

      Thanks...
      The good news is that 2008 will be so bad, there will be no income from IT Contracting, hence no tax and so IR35 will not apply.

      HTH

      Comment


        #33
        Originally posted by BlasterBates View Post
        Whoops ....looks like the flood gates will open now. Seems to me that the IR have finally found the chink in the armour.
        If you look at the detail in the cases they had some pretty big holes. The most worrying thing to come out of this is the fact that they looked at the contract between the agency and the end client, and disregarded the contract between the agency and the contractor when it suited them.

        The SC also said he didn't belive that the substitution clause was valid despite a letter from the AA saying it was valid.

        I would say partly stupid contractor for representing himself, and maybe a biased SC (How can you disregard evidence saying you don't belive it?? It is evidence it is not the job of the SC to pick and choose the evidence he is going belive...). It is interesting to note that both losses hate the same SC presiding over the case...

        Comment


          #34
          Originally posted by Bumfluff View Post
          Did he have to pay the HRMC costs then ?
          I'm not sure, I was guessing to justify the figure which does seem high in the absence of costs as well. The figure is not broken down so we don't really know.

          Comment


            #35
            The good news is that an IR35 investigator was found in a field with a sheep, read into that what you want.

            Comment


              #36
              The really good news is that both cases may well get appealed on points of law. There's some weird rule that the commissioners' verdicts can only be challenged if they have made an error in the application of the extant case law, which in they appear to have done at several points (most notably by ignoring the RoS case law that it only has to exist as a right). So I don't think it's dead yet.
              Blog? What blog...?

              Comment


                #37
                Originally posted by malvolio View Post
                The really good news is that both cases may well get appealed on points of law. There's some weird rule that the commissioners' verdicts can only be challenged if they have made an error in the application of the extant case law, which in they appear to have done at several points (most notably by ignoring the RoS case law that it only has to exist as a right). So I don't think it's dead yet.
                This time I hope the contractors involved employ some lawyers and don't represent themselves.
                "You’re just a bad memory who doesn’t know when to go away" JR

                Comment


                  #38
                  Cant we sue the HRMC for something ?

                  Comment


                    #39
                    DS23 8,146
                    zeitghost 6,835
                    TheFaQQer 6,373
                    BrowneIssue 5,433
                    Diver 5,374

                    cailin maith 5,245
                    BrilloPad 4,058
                    NickFitz 3,668



                    Pitiful posting today BI
                    Confusion is a natural state of being

                    Comment


                      #40
                      Originally posted by Diver View Post
                      DS23 8,146
                      zeitghost 6,835
                      TheFaQQer 6,373
                      BrowneIssue 5,433
                      Diver 5,374
                      cailin maith 5,245
                      BrilloPad 4,058
                      NickFitz 3,668



                      Pitiful posting today BI
                      Try TPD for drivel.

                      HTH.

                      Comment

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