Feeds

PCG appeals against IR35 ruling

Still contrary to European law, it says

  • alert
  • submit to reddit

Top three mobile application threats

The Professional Contractors Group is to take the government to the Court of Appeal over the controversial IR35 tax legislation.

In March this year, The PCG, which represents 14,000 independent mostly IT contractors, lost a High Court case which held the tax legislation was not illegal under European law. It would not say at the time whether it would take the case to the Court of Appeal.

It has now decided to do so. Chairman of the PCG Jane Akshar said: "Our members decided to fund an appeal against the High Court decision because we believe we have a good case and we want to fight for our right to run small businesses. These people are hard working businessmen and women whose businesses are being damaged and in some cases destroyed because of unfair treatment by the government."

In March, a High Court judge ruled that while the IR35 measure was flawed and the Inland Revenue's approach needed review, it was not against European law and so would stand as passed by Parliament. The PCG points enthusiastically however to the judge's agreement on nearly all "findings of fact" as presented by the PCG against IR35.

IR35 seeks to treat contractors on short-term contracts as employees of the company rather than independent workers. This has immediate tax implications and strongly affects the IT consultant market which is organised typically on a project-based basis.

The PCG was set up to support the contractors' cause and argues that the law demonstrates the government's lack of understanding of the modern work market. It went to the High Court on the legal point that by introducing the law, the UK government was effectively allowing unfair state aid and creating a barrier to free movement - illegal in European law.

No date has been given for the appeal yet, but a spokeswoman for the PCG told us it expected it to happen around November this year. ®

Related Stories

IR35 judicial review over
IR35: the govt's viewpoint
IR35 protesters enter High Court
IR35 High Court date set
CBI, FSB, PCG ask for rethink on IR35

3 Big data security analytics techniques

More from The Register

next story
Dropbox defends fantastically badly timed Condoleezza Rice appointment
'Nothing is going to change with Dr. Rice's appointment,' file sharer promises
Audio fans, prepare yourself for the Second Coming ... of Blu-ray
High Fidelity Pure Audio – is this what your ears have been waiting for?
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
Sorry London, Europe's top tech city is Munich
New 'Atlas of ICT Activity' finds innovation isn't happening at Silicon Roundabout
Zucker punched: Google gobbles Facebook-wooed Titan Aerospace
Up, up and away in my beautiful balloon flying broadband-bot
Apple DOMINATES the Valley, rakes in more profit than Google, HP, Intel, Cisco COMBINED
Cook & Co. also pay more taxes than those four worthies PLUS eBay and Oracle
It may be ILLEGAL to run Heartbleed health checks – IT lawyer
Do the right thing, earn up to 10 years in clink
prev story

Whitepapers

Designing a defence for mobile apps
In this whitepaper learn the various considerations for defending mobile applications; from the mobile application architecture itself to the myriad testing technologies needed to properly assess mobile applications risk.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Securing web applications made simple and scalable
In this whitepaper learn how automated security testing can provide a simple and scalable way to protect your web applications.