Found inside and pension contributions Found inside and pension contributions
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  1. #1

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    Default 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. #2

    Prof Cunning @ Oxford Uni

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    Quote 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.
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  3. #3

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

  4. #4

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    Quote 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.

  5. #5

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    Quote 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?

  6. #6

    Prof Cunning @ Oxford Uni

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    Quote 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.
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  7. #7

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    Quote 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

  8. #8

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    Quote 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.

  9. #9

    Prof Cunning @ Oxford Uni

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    Quote 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.
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  10. #10

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    Quote Originally Posted by MrButton View Post
    Do you have any experience of such matters?
    No but that never stops him
    “Live a good life. If there are gods and they are just, then they will not care how devout you have been, but will welcome you based on the virtues you have lived by. If there are gods, but unjust, then you should not want to worship them. If there are no gods, then you will be gone, but will have lived a noble life that will live on in the memories of your loved ones.”

    ― Marcus Aurelius

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