HMRC Is Shite

HMRC Is Shite
Dedicated to the taxpayers of Britain, and the employees of Her Majesty's Revenue and Customs (HMRC), who have to endure the monumental shambles that is HMRC.

Monday, 24 September 2018

HMRC Can't Have IR35 Cake and Eat It



IPSE reports that HMRC just shot itself in the foot wrt IR35:
"Earlier this year, marketing and business development consultant, Susan Winchester, launched a claim in the Central London Employment Tribunal against HMRC, the agency Kinect Recruitment Ltd and three other parties in the contractual chain. It was for £4,200 in unpaid holiday pay under the Agency Workers Regulations.

Ms Winchester’s company, SJW Marketing Solutions Ltd, was originally engaged by HMRC in September 2016 to provide marketing services.

With the changes to off-payroll rules in the public sector about to come into force, HMRC ran the engagement through the controversial Check Employment Status for Tax (CEST) tool and determined that IR35 applied.

HMRC then required Ms Winchester to go onto an agency payroll, a decision that could not be challenged.

Ms Winchester claimed that as she was then effectively an agency worker under the regulations, she was therefore entitled to a clear, transparent amount of holiday pay and to the same holiday entitlement as employees of HMRC.

On the morning the tribunal was due to start, the parties agreed to settle the case for the full amount being claimed."
IR35 changes will backfire, if HMRC and the government insists on treating contractors as workers then the obligations associated with being a worker automatically follow!

Tax does have to be taxing.

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2 comments:

  1. Forgive me, but HMRC are making such a lash up on some many different fronts, do they need fresh leadership? Or are the problems far too entrenched ?

    ReplyDelete
  2. A few deserters wouldn't go amiss minus any pardons.

    ReplyDelete