Court of Appeal rules in contractors' favour
A TV presenter won a high-profile Upper Tribunal case regarding her employment status under the IR35 rules. HMRC appealed against this, but the Court of Appeal has just rejected its argument. What happened?
HMRC’s argument was that the Upper Tribunal had interpreted a key piece of case law incorrectly. The case in question sets out the factors that should be considered, such as mutuality of obligation, personal service and others. HMRC argued that whether someone is “in business on their own account” (i.e. other factors) should be given little weight, and even argued that considering this would be an onerous compliance burden for HMRC. In a decision published today, the Court of Appeal unanimously rejected this argument, stating that circumstances known to both parties at the date of the contract, e.g. the fact that the person providing the work has an established career as a freelance worker, should be taken into account. This is a huge win for all contractors, particularly those providing personal services.
The decision on whether, overall, there would have existed an employment relationship in this case was remitted back to the Upper Tribunal.
Related Topics
-
Budget 2025: the key announcements
The Chancellor announced many changes to the tax system, with some coming into effect immediately and others in several years. What are the headline changes?
-
Static company car advisory fuel rates
The amount that employers can reimburse staff for business travel in company cars from 1 December 2025 has been announced. What's changing?
-
Extracting property from your company
As your retirement date is fast approaching, you’re looking to sell your company, but you want to keep the property it owns. A friend said you can buy the property from the company, but what are the tax consequences and is there a better option?