On a different thread we have been discussing the link (or not) between paying tax at the same rate as an employee and having the same benefits as an employee.
To summarise and provide a platform here:
There is a suggestion that an end client designating a role as being inside IR35 may leave them more open to a claim from the contractor that they are an employee, entitled to employee benefits.
Further, said contractor may be in a position to use the Employment Tribunals as a means of enforcing such rights and in so doing bring closer a common definition between employment and tax law.
A counter view has been advanced that even if the tax rules require that those deemed to be "inside" IR35 actually pay tax at the same rate(s) as an employee, in the same manner (deduction at source) this does not mean that they are employee taxes. If that is true then the link between employment law and tax law may not be as strong as they are thought.
Further, IPSE is seemingly supporting a case in which this boundary and connection is being tested in order - partly - to explore whether arguments based on fairness and transparency can be used to bring some synergy to the situation.
It was suggested that a thread to discuss and develop this area would be sensible.
Here it is.
Whilst we all here appreciate that some lessons can be learned from the past, the new rules will create a new world and therefore this is a forward looking thread and therefore no war stories from the past please.
To summarise and provide a platform here:
There is a suggestion that an end client designating a role as being inside IR35 may leave them more open to a claim from the contractor that they are an employee, entitled to employee benefits.
Further, said contractor may be in a position to use the Employment Tribunals as a means of enforcing such rights and in so doing bring closer a common definition between employment and tax law.
A counter view has been advanced that even if the tax rules require that those deemed to be "inside" IR35 actually pay tax at the same rate(s) as an employee, in the same manner (deduction at source) this does not mean that they are employee taxes. If that is true then the link between employment law and tax law may not be as strong as they are thought.
Further, IPSE is seemingly supporting a case in which this boundary and connection is being tested in order - partly - to explore whether arguments based on fairness and transparency can be used to bring some synergy to the situation.
It was suggested that a thread to discuss and develop this area would be sensible.
Here it is.
Whilst we all here appreciate that some lessons can be learned from the past, the new rules will create a new world and therefore this is a forward looking thread and therefore no war stories from the past please.
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