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FAQs
Members Only Judicial Review
 
 
 
Q

What exactly happened on 10 October?

A

Mr Justice Gibbs ruled in the High Court that PCG has an 'arguable case' against IR35 under EU law and the Human Rights Act.

We therefore have permission for a hearing. The full three-day hearing will be 13-15 March 2000.

Q Is IR35 still in force?
A At present it is still in force. If we win the full hearing then IR35 will be declared illegal under EU law and will be struck down.
Q So I still have to pay tax under IR35?
 

Except in special circumstances (eg if you close your company) no tax has to be paid under IR35 until 19 April. If you are unsure if you have to make a payment before then, seek advice from your accountant.

If you think you may be subject to IR35, then to comply with the law you should retain enough funds in your company to pay the tax on the 'deemed salary' at the end of the tax year. Anything you take in dividends during the year should be allowable against this sum.

Then if IR35 is struck down, you can keep the money.

However if you have increased your salary to reduce the deemed payment, and paid PAYE, you will find it much harder to get any of this back.

Q What will happen at the full hearing?
A There will be a three day hearing at which the PCG will argue that IR35 is incompatible with EU and human rights law. If we are successful, IR35 will be struck down.
Q Will there be appeals after the full hearing?
A Either side could appeal. But if we win and the Government appeal, almost certainly IR35 would be suspended pending the appeal.
Q What are the details of our case?
A See the Press Release , selected Press Articles, and the background notes .