NHS Digital owe £4.3 million for getting IR35 wrong NHS Digital owe £4.3 million for getting IR35 wrong - Page 3
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  1. #21

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    Wonder if they are likely to try and claw this back from the contractors themselves, or if HMRC will double dip by going after them all individually.

  2. #22

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    Quote Originally Posted by smatty View Post
    Wonder if they are likely to try and claw this back from the contractors themselves, or if HMRC will double dip by going after them all individually.
    They can't. The law says the liability is for the fee payer.
    I'm not fat, I'm just fluffy.

  3. #23

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    Quote Originally Posted by JohntheBike View Post
    they have already demonstrated the lie that this statement is in the Alcock case, where they tried to stop the CEST evidence being presented in court, without stating why they did not want the evidence submitted. I guess the case has been nobbled though, so any further details will not be forthcoming.
    News hot off the press - Alcock successful in appeal against HMRC. Sounds like the HMRC case was a bit of a fiasco in the end.

    RALC Consulting IR35 case - IT consultant wins latest IR35 case against HMRC and "army of lawyers"

  4. #24

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    Quote Originally Posted by JohntheBike View Post
    they have already demonstrated the lie that this statement is in the Alcock case, where they tried to stop the CEST evidence being presented in court, without stating why they did not want the evidence submitted. I guess the case has been nobbled though, so any further details will not be forthcoming.
    From reading the press releases, it doesn't look to me like Alcock completed CEST himself, nor did the client. The CEST "evidence" was that someone who was advising the lawyers had put the contract through CEST and answered the questions and got an outside IR35 determination.
    I'm not fat, I'm just fluffy.

  5. #25

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    Quote Originally Posted by DeludedKitten View Post
    From reading the press releases, it doesn't look to me like Alcock completed CEST himself, nor did the client. The CEST "evidence" was that someone who was advising the lawyers had put the contract through CEST and answered the questions and got an outside IR35 determination.
    yes, on further reading this looks like what happened.

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