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Found inside and pension contributions

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    Found inside and pension contributions

    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...

    #2
    Originally posted by DrStrange View Post
    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.
    …Maybe we ain’t that young anymore

    Comment


      #3
      I kinda figured as much but seems crazy that decisions taken in good faith can be so easily undone.

      Comment


        #4
        Originally posted by DrStrange View Post
        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.

        Comment


          #5
          Originally posted by JohntheBike View Post
          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?

          Comment


            #6
            Originally posted by MrButton View Post
            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.
            …Maybe we ain’t that young anymore

            Comment


              #7
              Originally posted by WTFH View Post
              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

              Comment


                #8
                Originally posted by MrButton View Post
                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.

                Comment


                  #9
                  Originally posted by JohntheBike View Post
                  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.
                  …Maybe we ain’t that young anymore

                  Comment


                    #10
                    Originally posted by MrButton View Post
                    Do you have any experience of such matters?
                    No but that never stops him
                    Originally posted by Stevie Wonder Boy
                    I can't see any way to do it can you please advise?

                    I want my account deleted and all of my information removed, I want to invoke my right to be forgotten.

                    Comment

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