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BBC presenters lose IR35 appeal

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    #21
    Originally posted by webberg View Post
    That is incorrect.

    H M Commissioners of Revenue and Customs are a body appointed to run the tax assessing and collection in the UK.

    Many years ago there was a body called the General Commissioners who were persons of character and probity from the local community who could be brought together to hear disputes between HMRC and taxpayers and bring independence and common sense to the party.

    Where the dispute could not be settled there or involved matters of law the Special Commissioners could be called upon. These were usually people with some legal/tax training.

    That system was swept away.

    Now, if you cannot agree a position with HMRC, you can go to the First Tier Tribunal which is staffed by Judges and aides and have your case heard. Still independent but now with legal knowledge.

    If you cannot agree at that level, you go to the Upper Tier Tribunal.
    OK, so a little poetic licence then!

    Comment


      #22
      Originally posted by webberg View Post
      No, she did not.

      There never was a case.

      It was settled out of Court.

      Nobody knows why the settlement was made.

      We can speculate and guess, but never know.

      She did not win because there was no contest.
      Ok, I will concede the legalese honours.

      But if not called 'a case' then a case by any other name... Fairly sure it started out being called a case. What was it called by the end?

      As for the 'speculation', go figure, and an intelligent person will arrive at the same conclusion.

      As above, legalise notwithstanding.
      Last edited by simes; 19 September 2019, 16:20.

      Comment


        #23
        Originally posted by simes View Post
        Ok, I will concede the legalise honours.

        But if not called 'a case' then a case by any other name... Fairly sure it started out being called a case. What was it called by the end?

        As for the 'speculation', go figure, and an intelligent person will arrive at the same conclusion.

        As above, legalise notwithstanding.
        An out of court settlement with no admission of liability
        .
        'CUK forum personality of 2011 - Winner - Yes really!!!!

        Comment


          #24
          Originally posted by northernladuk View Post
          An out of court settlement with mo admission of liability
          .
          I guess there will be a few more. HMRC cannot risk such cases getting an airing and a judgement in court.

          Comment


            #25
            Originally posted by northernladuk View Post
            An out of court settlement with mo admission of liability
            .
            In lay-man terms, I'd call that a win.

            Comment


              #26
              Originally posted by JohntheBike View Post
              I guess there will be a few more. HMRC cannot risk such cases getting an airing and a judgement in court.
              It's not just HMRC. I believe a vast majority of disputes end in settlements and don't see court. Its part of the standard process.
              'CUK forum personality of 2011 - Winner - Yes really!!!!

              Comment


                #27
                Originally posted by Paralytic View Post
                In lay-man terms, I'd call that a win.
                Indeed but it doesn't prove a precedent or can factor in case law which is where Simes was going. So you are right but not in the context it was brought up in here.
                'CUK forum personality of 2011 - Winner - Yes really!!!!

                Comment


                  #28
                  Originally posted by Paralytic View Post
                  In lay-man terms, I'd call that a win.
                  Quite.

                  I daresay comments above and below will be concentrating again on the legalese, but be the decision in or out of court, there IS precedent - even if it is not written up in a book.

                  Comment


                    #29
                    Originally posted by simes View Post
                    Quite.

                    I daresay comments above and below will be concentrating again on the legalese, but be the decision in or out of court, there IS precedent - even if it is not written up in a book.
                    No there isn't.
                    'CUK forum personality of 2011 - Winner - Yes really!!!!

                    Comment


                      #30
                      Originally posted by simes View Post
                      Quite.

                      I daresay comments above and below will be concentrating again on the legalese, but be the decision in or out of court, there IS precedent - even if it is not written up in a book.
                      Precedent is a legal term with precise meaning. If you want to argue this you'd better use a different word.

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