Feeds

IT contractor wins IR35 case

Worth a pint or two?

  • alert
  • submit to reddit

Build a business case: developing custom apps

IT contractor Roger Tilbury is celebrating today after winning his IR35 case against the taxman.

The Inland Revenue had tried to prove that Mr Tilbury, from Bedford, was actually an employee of Ford Motor Company.

But in his ruling yesterday Mr Stephen Oliver QC found that Mr Tilbury was not a Ford worker since he had a different colour pass to Ford employees, was not allowed to use the company's gym and was paid by the hour.

The ruling also found that although Mr Tilbury had worked as a contractor at Ford for nine years, anyone else could have been substituted to do the work if necessary.

In a statement Mr Tilbury said: "I'm delighted to have won, and relieved that it's over. It has taken more than two very stressful years to get to this point, during which time I had to put all investment in my business on hold, for fear of tying up funds."

He also expressed his gratitude to the Professional Contractors Group (PCG) for its help and support during the case.

Gerry McLaughlin of contractor outfit namesfacesplaces.com believes the ruling is important since it concentrated on the differences between Roger and an employee, and not the similarities.

"The Inland Revenue's argument that many contractors are disguised employees is becoming more untenable by the minute. If we have a guy who has worked
for the same company for nine years and he isn't caught by IR35, then who is?" said Mr McLaughlin.

IR35 proved unpopular even before it was formally introduced in April 2000. Under its rules, IR35 extends employee status, and hence more burdensome income tax requirements, to self-employed contractors. ®

Next gen security for virtualised datacentres

More from The Register

next story
Assange™: Hey world, I'M STILL HERE, ignore that Snowden guy
Press conference: ME ME ME ME ME ME ME (cont'd pg 94)
Premier League wants to PURGE ALL FOOTIE GIFs from social media
Not paying Murdoch? You're gonna get a right LEGALLING - thanks to automated software
Online tat bazaar eBay coughs to YET ANOTHER outage
Web-based flea market struck dumb by size and scale of fail
Amazon takes swipe at PayPal, Square with card reader for mobes
Etailer plans to undercut rivals with low transaction fee offer
US regulators OK sale of IBM's x86 server biz to Lenovo
Now all that remains is for gov't offices to ban the boxes
XBOX One will learn to play media from USB and DLNA sources
Hang on? Aren't those file formats you hardly ever see outside torrents?
Class war! Wikipedia's workers revolt again
Bourgeois paper-shufflers have 'suspended democracy', sniff unpaid proles
'Aaaah FFS, 'amazeballs' has made it into the OXFORD DICTIONARY'
Plus: 'EE, how shocking, ANOTHER problem I face with your service'
prev story

Whitepapers

Endpoint data privacy in the cloud is easier than you think
Innovations in encryption and storage resolve issues of data privacy and key requirements for companies to look for in a solution.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
Solving today's distributed Big Data backup challenges
Enable IT efficiency and allow a firm to access and reuse corporate information for competitive advantage, ultimately changing business outcomes.
Reg Reader Research: SaaS based Email and Office Productivity Tools
Read this Reg reader report which provides advice and guidance for SMBs towards the use of SaaS based email and Office productivity tools.