Originally posted by fullyautomatix
View Post
- Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
- Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
Reply to: Human Rights
Collapse
You are not logged in or you do not have permission to access this page. This could be due to one of several reasons:
- You are not logged in. If you are already registered, fill in the form below to log in, or follow the "Sign Up" link to register a new account.
- You may not have sufficient privileges to access this page. Are you trying to edit someone else's post, access administrative features or some other privileged system?
- If you are trying to post, the administrator may have disabled your account, or it may be awaiting activation.
Logging in...
Previously on "Human Rights"
Collapse
-
How do you mean, Churchill?Originally posted by Zigenare View PostWhat about retrospectively?
Public sector IR35 was implemented last year, are you asking if it can be retrospectively applied to private sector from the time it was applied to public sector?
Leave a comment:
-
Originally posted by AtW View PostRetrospective legislation happens all the time all around the world.
Losing ability to go to ECHR means that there will be no limit as to how bad it could be in the future (but applied to the past).
Its alright we can still send Brexiteers to Nuremberg where they deserve to be!
Leave a comment:
-
Retrospective legislation happens all the time all around the world.Originally posted by Bean View PostDid the ECHR stop UK Parliament from passing retrospective legislation? (Otherwise what are you on about?)
Losing ability to go to ECHR means that there will be no limit as to how bad it could be in the future (but applied to the past).
Leave a comment:
-
It was decided somewhere along the line that it isn't retrospective, so the point is moot.Originally posted by Bean View PostDid the ECHR stop UK Parliament from passing retrospective legislation?
(Otherwise what are you on about?)
Leave a comment:
-
Did the ECHR stop UK Parliament from passing retrospective legislation?Originally posted by AtW View PostParliament is sovereign, so it can do it.
The only saving grace was EU Court of Human rights, but morons like you voted us out of it...
(Otherwise what are you on about?)
Leave a comment:
-
What about retrospectively?Originally posted by fullyautomatix View Poststop your bulltulip donkeyrhubarb. Getting paid in loans and paying no tax on half a million quid of earnings is not legal avoidance, it’s plain evasion. The law has caught up with you and now you want a judge to believe that your human rights are being violated. Nonsense. Public sector reforms can go private, I have no issues with that. I won’t try and find a scheme to avoid it.
Leave a comment:
-
And when contractors are deemed inside IR35, they will pay the required taxes. So no sympathy will be required.Originally posted by GreenMirror View PostWhich is why LCAG are going to the courts?
Similarly, when the public sector reforms go private, and all CUK users are deemed inside IR35, there will be no sympathy.
Leave a comment:
-
stop your bulltulip donkeyrhubarb. Getting paid in loans and paying no tax on half a million quid of earnings is not legal avoidance, it’s plain evasion. The law has caught up with you and now you want a judge to believe that your human rights are being violated. Nonsense. Public sector reforms can go private, I have no issues with that. I won’t try and find a scheme to avoid it.Originally posted by GreenMirror View PostWhich is why LCAG are going to the courts?
Similarly, when the public sector reforms go private, and all CUK users are deemed inside IR35, there will be no sympathy.
Leave a comment:
-
Which is why LCAG are going to the courts?Originally posted by NotAllThere View PostCan I have two? That way it's stereo.
I can imagine the sympathetic response from the general public. I have to imagine it, because it won't exist in reality.
Similarly, when the public sector reforms go private, and all CUK users are deemed inside IR35, there will be no sympathy.
Leave a comment:
-
ftfyOriginally posted by AtW View Post
Following the successful case against the now liquidated and, consequently now defunct Scottish football club Rangers last year, the Government introduced a new law and HM Revenue & Customs has deemed any outstanding loans liable for tax.
Important to get all the facts out there.
Leave a comment:
-
Can I have two? That way it's stereo.Originally posted by Old Greg View PostOude Joris Dutch Antilles Trading Corporation can loan you the world's tiniest violin, with a valuation in a fast depreciating foreign currency.
I can imagine the sympathetic response from the general public. I have to imagine it, because it won't exist in reality.Originally posted by AtW View PostHMRC 'breached human rights' in tax avoidance crackdown, campaigners claim
A group of contractors who used tax avoidance schemes have branded looming fines “grossly unfair” and a breach of human rights in an official legal challenge.
The tax office has targeted around 50,000 self-employed people with a “loan charge”, set to hit in April, which those liable claim will see them forced into bankruptcy.
The dispute arises from the contractors’ use of complex arrangements, popular and widely accepted to be legal in the early 2000s, in which much of their salary was paid in the form of supposedly tax-free loans.
The Loan Charge Action Group claims workers were unwittingly led into the schemes by unscrupulous promoters or employers, who required them to be paid in this way.
Following the successful case against Scottish football club Rangers last year, the Government introduced a new law and HM Revenue & Customs has deemed any outstanding loans liable for tax.
The contractors will also be hit by the loan charge, which rolls all the loans received into a single tax year meaning the bill could be more than the actual tax liability. It also does not clear the original unpaid tax bill.
The LCAG is requesting a judicial review of the charge saying it is a breach of the European Convention of Human Rights and that the Government did not carry out proper impact assessments. HMRC has admitted that a small number of people may face bankruptcy.
Robert Venables QC, acting on behalf of the group, said the loan charge was “disproportionate”.
He added: "The loan charges are being applied in cases where there was no tax avoidance in the first place and taxpayers are being taxed on non-existent benefits and non-existent income.
“This is to all intents and purposes retrospective legislation. It is grossly unfair, arbitrary, oppressive and unjust”
More from source: HMRC 'breached human rights' in tax avoidance crackdown, campaigners claim

Leave a comment:
- Home
- News & Features
- First Timers
- IR35 / S660 / BN66
- Employee Benefit Trusts
- Agency Workers Regulations
- MSC Legislation
- Limited Companies
- Dividends
- Umbrella Company
- VAT / Flat Rate VAT
- Job News & Guides
- Money News & Guides
- Guide to Contracts
- Successful Contracting
- Contracting Overseas
- Contractor Calculators
- MVL
- Contractor Expenses
Advertisers
Contractor Services
CUK News
- IR35: IT contractors ‘most concerned about off-payroll working rules’ Today 07:11
- Labour’s near-silence on its employment status shakeup is telling, and disappointing Yesterday 07:47
- Business expenses: What IT contractors can and cannot claim from HMRC Jan 30 08:44
- April’s umbrella PAYE risk: how contractors’ end-clients are prepping Jan 29 05:45
- How EV tax changes of 2025-2028 add up for contractor limited company directors Jan 28 08:11
- Under the terms he was shackled by, Ray McCann’s Loan Charge Review probably is a fair resolution Jan 27 08:41
- Contractors, a £25million crackdown on rogue company directors is coming Jan 26 05:02
- How to run a contractor limited company — efficiently. Part one: software Jan 22 23:31
- Forget February as an MSC contractor seeking clarity, and maybe forget fairness altogether Jan 22 19:57
- What contractors should take from Honest Payroll Ltd’s failure Jan 21 07:05

Leave a comment: