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16th August, 2000 - They think its all over
- IR35 passes into law
They think its all over - IR35 passes into law
The Finance Bill 2000, containing the income tax provisions
under IR35, cleared the final stages of its passage through
Parliament in the House of Commons last week. Although Opposition
MPs again disputed the IR35 provisions, there were no further
amendments tabled - primarily because they had been raised at
earlier stages of the Bill, but steamrollered by the government
using its massive majority. The legislation will shortly receive
Royal Assent.
But the fight is far from over. We still have a few cards up
our sleeve, as explained below.
Judicial Review
October 9 has been set for the High Court to hear the first
stage of PCG's legal battle against IR35.
At this hearing the PCG will ask the Judge for permission
to have IR35 judicially reviewed. There will be a half-day hearing,
and it is expected that a decision will be reached. If the Judge
agrees with PCG's request for permission, then there will be
a date set for the full hearing. A full hearing will consider
if IR35 is contrary to EU law and if positive, it would be struck
down.
It is difficult to predict a timetable but PCG will push for
an expedited hearing, which means it could be before the end
of the year, otherwise a date in February is likely. Over the
summer PCG will be researching new avenues and strengthening
our case.
Further discussion is in the legal and accounting forum.
Here
Case law strategy
Neil Wilson's Case Law Strategy document is now available in
the Members resources:
Here
This details a strategy for obtaining professional advice
for members on their contracts, analysing the actions of the
Inland Revenue and submitting selected cases through the appeals
process.
The purpose of this is to:
- Help members to pass the IR35 tests
- Give as much certainty as is possible under IR35
- Establish case law in our favour as soon as possible, replacing
the Inland Revenue's interpretation of 'employment' with one
more suited to the 21st century.
Comments are invited in the legal and accounting forum
Here
The PCG Portal
Good progress is being made on the PCG's web portal which provides
Invitations to Tender (ITTs) and contractor’s details in PCG’s
own on-line market place.
Members are advised to update their company's details on the
portal if they haven't done so yet. There are now real jobs
out there and we've had a number of placements. Incidentally,
there are also some direct contracts too, so it's worth a look.
This site gives you the chance to find your next contract -
or to find a supplier who can fulfil your requirements. At the
moment there are 109 active ITTs and 1333 active profiles.
To update your details on the portal:
Here
The Notice Board
The Notice Board forum is used to pass immediate news and information
to members. If you are not a regular visitor to PCG's forum
section, then you can still receive up-to-the-minute notice
board information by email Simply use the edit profile link
in the forum to receive the digest. Announcements will then
be emailed to you automatically.
A recent example is the warning about a firm which has just
gone into receivership, affecting contractors.
Here
PCG Conference
Plans are underway for the PCG's first annual conference. It
is planned for Birmingham on the weekend of October 28/29. At
the moment we are still gauging the level of interest, so if
you would like to attend but have not yet indicated:
Here
And finally........
The lighter moments of contracting are shared in The Lounge,
including a recent thread on nightmare recruitment interviews.
Here
Susie Hughes.
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