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Contractor Loses 'Misdirected' IR35 Case at Special Commissioners
Andy says: This case yet again highlights the reasons as to why contractors should seek advice and guidance from those who are experienced and have an expertise in IR35 and status issues. The Special Commissioners should be seen as a last resort and only if the contractor has a strong enough case to answer. Whilst Special Commissioners' decisions do not set any legal precedent, losing such cases can be damaging to the freelancer community. It is disappointing that Mr Robertson chose to bombard the Commissioner with legal evidence when what was required was good hard facts. Something that Qdos Consulting have been beating the drum about for some time now. I do have some reservations about the Commissioners' comments regarding mutuality of obligation and would maintain that this concept is still not fully understood. In conclusion, therefore, the message to freelancers and their general tax advisers alike, is seek expert help at the outset of any IR35 enquiry to avoid future disappointment. For more information regarding IR35/status issues. Search for more Qdos Consulting News Posted 20/02/05 |
Andy Vessey, Senior Tax Consultant at Qdos, comments below on the recent IR35 case involving Netherlane Ltd. Netherlane Ltd was represented by their accountant, Mr Robertson FCA but the case was found in favour of the Inland Revenue and criticised for being 'short of real evidence'.