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Originally posted by Incognito View Post... IR35 is about working practices and being a disguised employee. It was to stop people being permie one day and a contractor the next....
Re: BN66. While exploiting loopholes is perfectly acceptable in my view, there is always a chance that HMRC will come after the avoided tax. Anyone who isn't aware of that was in la la land (with fingers in their ears). The more artificial the exploitation, the greater the risk. So I don't have a huge amount of sympathy for those affected. HMRC is bigger than you - annoy them enough, and they'll fight you and win - because they've the government on their side (largely). Yes, it's unfair. But that's the way the world is.
The important point is that the retrospective nature of HMRC's attack, no matter how some might feel it is justified, sets a dangerous precedent. For that reason, and that reason alone, it should be resisted.Down with racism. Long live miscegenation!Comment
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Originally posted by NotAllThere View PostNot correct. That was (one of) the reasons given by the government. But the real reason was to try to turn all contractors into employees... and stop the tax avoidance of contractors using ltd companies, which was seen as "unfair".
Originally posted by NotAllThere View PostThe important point is that the retrospective nature of HMRC's attack, no matter how some might feel it is justified, sets a dangerous precedent. For that reason, and that reason alone, it should be resisted."I hope Celtic realise that, if their team is good enough, they will win. If they're not good enough, they'll not win - and they can't look at anybody else, whether it is referees or any other influence." - Walter Smith
On them! On them! They fail!Comment
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Originally posted by Incognito View PostHow is that not the same as what I said? I simply put it across in a more formal construct.
The original 1987 legislation was applied retrospectively, you'd think that would sort of be identified as a precedent. In all of this, the only people who are losing out are the 'small people.' HMRC will still get their pound of flesh and the scheme providers have still got their fees and built their business up over the years off the back of this.
“The period of the disintegration of the European Union has begun. And the first vessel to have departed is Britain”Comment
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Originally posted by shaunbhoy View PostMoving on, don't the terms "HMRC", "pound of flesh", and "retrospectively" send a shiver down your spine as a Gers fan?
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Originally posted by NotAllThere View PostThe important point is that the retrospective nature of HMRC's attack, no matter how some might feel it is justified, sets a dangerous precedent. For that reason, and that reason alone, it should be resisted.
As I've said in this context before, how would people like it if HMRC had legislation passed that said that, no matter what the circumstances of your contracts at the time, you had actually been caught by IR35 all along and owed them accordingly. This is basically what they've done over BN66.Comment
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Originally posted by NickFitz View PostExactly. If there's a loophole, close the loophole; but you can't just turn round and say "Hey, that thing you did that was legal? Well now it wasn't, so **** you."
As I've said in this context before, how would people like it if HMRC had legislation passed that said that, no matter what the circumstances of your contracts at the time, you had actually been caught by IR35 all along and owed them accordingly. This is basically what they've done over BN66.
IR35 states you will not exploit the limited company avenue to avoid paying PAYE/NI. You are inside or outside IR35 due to your personal working circumstances, nothing else. One individual's circumstances does not affect another individual's circumstances as it is a subjective test."I hope Celtic realise that, if their team is good enough, they will win. If they're not good enough, they'll not win - and they can't look at anybody else, whether it is referees or any other influence." - Walter Smith
On them! On them! They fail!Comment
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Originally posted by shaunbhoy View PostMoving on, don't the terms "HMRC", "pound of flesh", and "retrospectively" send a shiver down your spine as a Gers fan?
"I hope Celtic realise that, if their team is good enough, they will win. If they're not good enough, they'll not win - and they can't look at anybody else, whether it is referees or any other influence." - Walter Smith
On them! On them! They fail!Comment
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“The period of the disintegration of the European Union has begun. And the first vessel to have departed is Britain”Comment
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Originally posted by NickFitz View PostExactly. If there's a loophole, close the loophole; but you can't just turn round and say "Hey, that thing you did that was legal? Well now it wasn't, so **** you."
Its like this. Its illegal to break in to a house and steal. However, you may find a house where the owner forgot to lock his back door. In theory, you can go into this house via this back door and help yourself to the goods. This is legal. You are allowed to do that. If you want to stop this you need to close the door.Vote Corbyn ! Save this country !Comment
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