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KUWTC
17th May 2018, 14:34
This case seems really weird to me. https://www.computerweekly.com/news/252441290/DWP-IT-contractor-wins-IR35-case-appeal-against-HMRC

According to the full judgement I saw knocking about somewhere, HMRC have tried to get this guy twice and failed both times. Do they not know how their own legislation works?!

northernladuk
17th May 2018, 14:44
Wrong part of the forum really as this is about the wider IR35 not his client and it's nothing to do with the changes. The sub title of this section says it's 'To discuss the changes to PS contracts that are due later this year.' This case was from 2013

It's also a KUATB (https://forums.contractoruk.com/accounting-legal/127837-another-contractor-ir35-win.html)

mudskipper
17th May 2018, 18:51
This case seems really weird to me. https://www.computerweekly.com/news/252441290/DWP-IT-contractor-wins-IR35-case-appeal-against-HMRC

According to the full judgement I saw knocking about somewhere, HMRC have tried to get this guy twice and failed both times. Do they not know how their own legislation works?!

HMRC appear to think IR35 comes down to a simple tick list. Time and time again, the courts have said that the whole picture needs to be examined and considered in its entirety and that no two engagements are the same.

Did HMRC run this through their CEST tool? If so, it's a pretty damning condemnation.