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| CURRENT SECTION :: IR35 / IR591 | UK's most visited IT Contractor Site - 250k unique visitors March 2008 |
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A report on a recent Inland Revenue IR35 decision, provided by SJD Accountancy "Last October an individual approached SJD having seen the IR35 success attributed to us in various articles. His particular difficulty was that the Inland Revenue were asking for contracts from three different parties, in addition to his contract, in order for them to make a decision on IR35. At this stage we got involved and wrote to the Revenue explaining how difficult this would be. The Revenue then responded with a request for an unprecedented 118 separate pieces of information. We sent a letter back pointing out the absurdity of this, not to mention the length of time and expense the client would have to go to obtain it all. However, the Inspector was unremitting. He was insisting on all the information, and unless he received it he would simply refuse to give an opinion. We then took our complaint up to the Area Director, who, whilst not undermining his colleague, suggested a compromise of “just” supplying them with the three pertinent contracts. When we suggested that this would be impossible for both practical and commercial reasons, the Area Director said that he would revert the case to his colleague with the direction to give his opinion. After more correspondence on technical points with the Inspector, we got an IR35 pass decision from them. This goes to show that whilst the Revenue do have a right to a certain amount of information, when pushed hard enough they will back down on any excessive requests." Feb 12, 2003 Email this article Printer friendly page Previous Page
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