Found inside and pension contributions

[JohntheBike]

I'm saying you're very good at taking topics way off topic, and claiming that you have legal knowledge of how things work, then when challenged you say that you proved the opposite.

Very little or possibly none of what you have posted in this thread has been of use to MrButton in terms of answering his query, but has been more about your empty vessel making a lot of noise.
Please cease and desist from derailing threads.

Very little or possibly none of what you have posted in this thread has been of use to MrButton in terms of answering his query

Mr. Button would clearly have to be judge of that I would say and I don't deliberately set out to take things off topic as you claim. It's just seems to be a natural drift.

[WTFH]

you know very well what I'm saying. What I find disturbing is that given HMRC's lying and devious conduct over IR35, that there are still many, like you, who still do not wish to use any weapon we can against HMRC. Perhaps you are an HMRC mole, or part of the establishment? You can bend over and be shafted, but I won't be. There are issues surrounding the politics of my case that you are not aware of and gave me encouragement and insight on how to handle such situations. So I do have some experience and knowledge, despite your attempts to denigrate them.

I'm saying you're very good at taking topics way off topic, and claiming that you have legal knowledge of how things work, then when challenged you say that you proved the opposite.

Very little or possibly none of what you have posted in this thread has been of use to MrButton in terms of answering his query, but has been more about your empty vessel making a lot of noise.
Please cease and desist from derailing threads.

[JohntheBike]

Are you saying that you
1. Took HMRC to court
AND
2. Won the case
AND
3. Got them to reopen closed tax years to allow you to resubmit your returns with different values on them

you know very well what I'm saying. What I find disturbing is that given HMRC's lying and devious conduct over IR35, that there are still many, like you, who still do not wish to use any weapon we can against HMRC. Perhaps you are an HMRC mole, or part of the establishment? You can bend over and be shafted, but I won't be. There are issues surrounding the politics of my case that you are not aware of and gave me encouragement and insight on how to handle such situations. So I do have some experience and knowledge, despite your attempts to denigrate them.

Let me give you an analogy. Others have used such methods on these fora to demonstrate their thinking and I would say most were very appropriate.

The New Zealand All Blacks have a propensity for adopting tactics, which at the time of deployment are not illegal and have won games as a result. The spear tackle on Brian O'Driscoll being one example. I've adopted the same approach. Don't play the game as the establishment expects, look for ways of winning the game which are not exactly illegal, but don't play to the rules.

[SimonMac]

Do you have any experience of such matters?

No but that never stops him

[WTFH]

you forget that I proved the reverse

Are you saying that you
1. Took HMRC to court
AND
2. Won the case
AND
3. Got them to reopen closed tax years to allow you to resubmit your returns with different values on them

I note you have now edited your post to say different to earlier. What you claim to have taken to an Employment Tribunal was not about claiming a pension, so it was completely different.

[JohntheBike]

Do you have any experience of such matters?

I did it in reverse. I went to the ET to prove I wasn't a disguised employee and HMRC dropped their intended IR35 investigation of me. So what WTFH claims isn't exactly true.

[JohntheBike]

He hasn't, but he's read stories and likes to talk as if he knows all the legal implications.
He'll advise others to take legal action, but has never done so himself.

Most of his posts should have "Caveat Emptor" on them.

you forget that I proved the reverse

[WTFH]

Do you have any experience of such matters?

He hasn't, but he's read stories and likes to talk as if he knows all the legal implications.
He'll advise others to take legal action, but has never done so himself.

Most of his posts should have "Caveat Emptor" on them.

[MrButton]

if the FTT judges you employed for tax purposes under IR35, then take your case to the ET, providing you are within time. Although the ET allows for a time extension provided a good reason is given. A retrospective FTT decision should be a good enough reason in my opinion, but has yet to be tested.

Do you have any experience of such matters?

[JohntheBike]

Let's say for arguments sake that I had a previous contract which had gross revenue of say £50k. I thought I was outside at time but have now lost a Tribunal. So the deemed payment is £47.5k so they're looking for their £17k.

Could I then say that I'm sacrificing £35k info my pension and keeping the £12.5 tax free amount so no tax is due? (Albeit I'd need to find £35k from personal funds to put in the pension).

If so, it would seem I could reclaim the corp tax/dividend tax as well?

I appreciate the scenario is unlikely but if I HAD received that the salary that year, I'd have put it in my pension and if they're backdating decisions seems only for I can too...


Just looking for more info on how it works when folk lose Tribunals...

Just looking for more info on how it works when folk lose Tribunals.

if the FTT judges you employed for tax purposes under IR35, then take your case to the ET, providing you are within time. Although the ET allows for a time extension provided a good reason is given. A retrospective FTT decision should be a good enough reason in my opinion, but has yet to be tested.

[DrStrange]

I kinda figured as much but seems crazy that decisions taken in good faith can be so easily undone.

[WTFH]

Let's say for arguments sake that I had a previous contract which had gross revenue of say £50k. I thought I was outside at time but have now lost a Tribunal. So the deemed payment is £47.5k so they're looking for their £17k.

Could I then say that I'm sacrificing £35k info my pension and keeping the £12.5 tax free amount so no tax is due? (Albeit I'd need to find £35k from personal funds to put in the pension).

If so, it would seem I could reclaim the corp tax/dividend tax as well?

I appreciate the scenario is unlikely but if I HAD received that the salary that year, I'd have put it in my pension and if they're backdating decisions seems only for I can too...


Just looking for more info on how it works when folk lose Tribunals...

Nope, when HMRC backdate, you're not allowed to either. It's the way that organisation operates, and has been considered perfectly acceptable by the government.

[DrStrange]

Let's say for arguments sake that I had a previous contract which had gross revenue of say £50k. I thought I was outside at time but have now lost a Tribunal. So the deemed payment is £47.5k so they're looking for their £17k.

Could I then say that I'm sacrificing £35k info my pension and keeping the £12.5 tax free amount so no tax is due? (Albeit I'd need to find £35k from personal funds to put in the pension).

If so, it would seem I could reclaim the corp tax/dividend tax as well?

I appreciate the scenario is unlikely but if I HAD received that the salary that year, I'd have put it in my pension and if they're backdating decisions seems only for I can too...


Just looking for more info on how it works when folk lose Tribunals...