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Spring Budget Increases Costs for Umbrella Companies and Clients

Today the Chancellor of the Exchequer announced the Budget, which has been preceded by more leaks than Mélusine after a night on the town. The Autumn Budget and Spending Review 2021 reaffirmed in paragraph 5.28 the Government’s planned increase in National Insurance contributions by 1.25% effective from April 2022. We regard the increase in National Insurance contributions as […]

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Defeat for Northern Lights Solutions Limited in Upper Tier Tribunal Appeal

Northern Light Solutions Limited v The Commissioners For Her Majesty’s Revenue and Customs UT/2020/000353 The Northern Light Solutions Limited (“NLS”) judgment is somewhat concerning since few contractors can operate outside of IR35 if the judgment is taken at face value. The judges seem to have fallen into the trap of overzealously applying the work/wage bargain.

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Introducing the Status Arbitration Service

Introducing the Status Arbitration Service The Law Place Limited is pleased to announce the Status Arbitration Service (“SAS”) to provide a cost-effective, competent and rapid IR35 status determination solution for clients and contractors. The Finance Act 2020 introduced the “client-led status disagreement process”, which is wholly unsatisfactory and offends against natural justice by making the client act

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Introducing Umbrella Company Freeclaims

The Law Place Limited is pleased to announce the launch of Umbrella Company Freeclaims, offering free Particulars of Claim to support contractors who have been forced to use umbrella companies reclaim unlawfully deducted employer’s National Insurance contributions, the Apprenticeship Levy and underpayments of annual leave. Unfortunately, umbrella companies often receive bad advice and the aim

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Introducing the Consultancy Project Agreement – a solution to the off-payroll legislation for consultancies

The new Consultancy Project Agreement package provides an innovative solution to the off-payroll legislation for consultancies engaging limited company contractors to deliver projects for the benefit of their clients. The ‘statement of work’ model has been touted as a possible solution; however, this does not work unless (a) the contract terms are drafted by an expert

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Recruiters and Umbrella Companies – The New PPI Drama?

We have noticed a disturbing trend among recruiters who are forcing contractors to use umbrella companies as a condition of providing working finding services. All too often, recruiters are making the provision of work-finding services conditional on the use of an umbrella or choice of umbrella companies. Other than allegations regarding the Bribery Act 2010,

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IR35 Private Sector Reforms Delayed Until April 2020

Today the Chancellor confirmed that the extension of last year’s reforms to IR35 will not be extended to the private sector until April 2020. This decision was based on the consultation process and representations from MPs. From April 2020, responsibility ‘for operating the off-payroll working rules will move from individuals to the organisation, agency or

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IR35 Reforms Encourage Tax Fraud by Umbrellas

Recently, there has been a spate of complaints by contractors about umbrella companies and employment businesses who are deducting employer’s national insurance contributions where the client is a public authority and the new ‘off-payroll’ (i.e. Income Tax (Earnings and Pensions) Act 2003 Chapter 10) rules apply.  In other words, the public authority client has decided

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CEST Assessment Rejected by Judge as Contractor Recoups Unlawfully Deducted Tax

(Originally published here: https://www.contractorcalculator.co.uk/cest_assessment_rejected_judge_545010_news.aspx – includes a contribution from The Law Place Limited’s director Martyn Valentine) A contractor has successfully used an employment tribunal to prove their outside IR35 status and reclaim thousands in overpaid tax, in a case during which the tribunal Judge ruled Elbourn was self-employed. This decision contradicted the result previously given

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Supreme Court Reaffirms Mutuality of Obligations Test In Pimlico Plumbers Ltd Judgment

PUBLISHED BY CONTRACTOR CALCULATOR A plumber has successfully defended his employment status in the Supreme Court, after Pimlico Plumbers failed in its latest attempt to overturn a tribunal outcome from 2011. The Supreme Court rejected an appeal from the plumbing firm, which had argued that respondent Gary Smith was an independent contractor during his time

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