Originally posted by JohntheBike
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Finance Bill 2019-20 draft legislation
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Originally posted by WordIsBond View PostNo. You might have said something similar sometime but if so I'm sure yours lacks the same charm, pizzazz, sheer weight of intellect, balance, perspective, tact, wisdom, kindness, and humour.Comment
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Originally posted by JohntheBike View Postthere isn't any basis in law, as I keep saying.
the circumstances are such that, if the services were provided under a contract directly between the client and the worker, the worker would be regarded for income tax purposes as an employee of the client.
And there is case law precedent of people who were not employees being regarded as employees for tax purposes.
I'm not aware of any explicit basis in law for the distinction but it is implicit. So while I've argued similarly to you on this question and I see it as the weakest point in HMRC's position, I think it is a step too far to say no basis in law.Comment
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Originally posted by JohntheBike View Postyes, my mother called me John Blunt'CUK forum personality of 2011 - Winner - Yes really!!!!Comment
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Originally posted by JohntheBike View Postthere isn't any basis in law, as I keep saying.Comment
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Originally posted by WordIsBond View PostPerhaps not entirely accurately. The legislation says (emphasis added):
By saying 'for income tax purposes' it implicitly suggests there are other purposes.
And there is case law precedent of people who were not employees being regarded as employees for tax purposes.
I'm not aware of any explicit basis in law for the distinction but it is implicit. So while I've argued similarly to you on this question and I see it as the weakest point in HMRC's position, I think it is a step too far to say no basis in law.Comment
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Originally posted by jds 1981 View PostTime to get on to our MPs to get it in to law?Comment
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Permie jobs
Originally posted by WordIsBond View PostPermie roles are not always on offer, you know. If the clients wanted permies they could hire permies.Comment
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Originally posted by JohntheBike View PostSo can you provide details of this case law?
That is not an explicit endorsement of this disconnect, and I didn't claim it is. But it is an implicit precedent.Comment
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