PCG Newsletter - 17th December, 2001 - 38/01 Appeal & CFT update

In this issue:

• Summary of Court of Appeal hearing
• PCG advice on PAYE visits
• CFT Insurance Policies and the Iron Trades Insurance Company
• Special 2002 diary offer from PCG Shop
• Real Life Meetings

Summary of Court of Appeal hearing
Judgement was reserved in the recent PCG Court of Appeal IR35 case, and, as yet, there has been no indication when the judges will announce their decision, although it is hoped that it will be before the end of January. Gareth Williams, PCG deputy Chairman provided a summary of events from the Appeal court for members and interested parties.

At the original JR hearing in March, the judge agreed with PCG on the facts of the case, but ruled against on points of law, it was these legal issues relating to state aid and freedom of movement which occupied the three days.

There are three possible outcomes from the Court of Appeal:

1) PCG win – in this scenario, the Appeal judges decide the High Court was wrong and IR35 is contrary to European law, so IR35 is struck down.

2) IR win – Appeal judges uphold decision of High Court.

3) Reference to Europe –the Appeal judges also have the option to refer the issue to the European courts.

Whatever the outcome, PCG will provide news to members as soon as possible.

The Court of Appeal summary from Gareth Williams and other information is available at: https://www.pcgroup.org.uk/judicialreview/archive.html

Further discussion is available for members who are logged into the forums at: https://www.pcgroup.org.uk/threads/wwwthreads.pl?a=l&f;=Son

PCG advice on PAYE visits
The newsletter 30th November included advice for PCG members who are subject to PAYE visits from the Inland Revenue where IR35 questions may be asked.

Members can check out the PCG guidance for this issue at
https://www.pcgroup.org.uk/members/paye_faq_taxinvest.html

In particular it is worth noting the advice:
Question - what should a contractor do if they are contacted by the Revenue regarding a PAYE audit visit?

Wherever possible arrange for the records requested to be viewed at the accountants.

Only supply the information asked for and check that they are entitled to see what they have asked for.

Do not be present at the time they review the records. There is no requirement to attend an interview. This way you cannot say anything that will prejudice the enquiry if the Inspector asks leading questions. Therefore the Inspector will be forced into putting his requests for further information in writing.

If you do want to be present then be very careful how you answer questions. If in doubt ask the Inspector to put his request in writing so that you can discuss the response with one of our consultants.

See also information on the Tax Investigation Insurance included in membership https://www.pcgroup.org.uk/members/taxinvest_main.html An easy way to find PCG guidance to members is through the newsletter archive available to members at https://www.pcgroup.org.uk/members/newsletters.html

CFT Insurance Policies and the Iron Trades Insurance Company
PCG is assisting the Serious Fraud Office in their investigation of the activities of CFT Insurance Group Services. The SFO has asked us to help them contact any contractors who used CFT and who received from CFT an employer’s liability insurance certificate, which purports to have been issued by the Iron Trades Insurance company. The SFO already has details of three such policies and has contacted the contractors concerned.

However, if there are any other contractors who have such an employer's liability insurance certificate - which may bear the signature of W Robert Hardy, Chief Executive of Iron Trades - would they please contact Detective Sergeant Andy Fyfe on 020 7239 7202 or by e mail at [email protected]

2002 Diaries available in PCG Shop
Buy a 2002 PCG-branded diary from our shop and receive a free lapel badge!
https://www.pcgroup.org.uk/members/resources/pcg_shop.html

Members' resolutions
There is a members' forum on the site where members can post their own resolutions and seek support. Current 'live' resolutions can be viewed at:
www.pcgroup.org.uk/threads/wwwthreads.pl?a=l&f;=28

REGIONAL NEWS

Real Life Meetings
For the latest information and to start a local group see www.pcgroup.org.uk/threads/wwwthreads.pl?a=l&f;=meet

To promote your local meet through the newsletter - email [email protected] with REGIONS in the subject matter, details of the event and a name and email contact point/or phone number for further information.

Thames Valley
Thames Valley Xmas Meal - Tuesday 18th December
Venue: Yangze Chinese Restaurant – Windsor

Glos/Wilts/Worcs
Christmas 'Do' Tuesday 18th December NB!!!!!!
This meeting is at 7.30 for 8.30p.m, *not* lunchtime as previously stated
Venue: Golden Heart, Nettleton Contact: Susie Haigh

Wokingham
Wednesday 19th December Place: Three Frogs, 7.30pm
Contact: Andrew McKay [email protected] NB!!!!!
This meeting is subject to change – please check PCG forums for latest info

Cambridge XMAS Meal
Place : Chilis Grill and Bar
Location : Next to the Grafton Centre on East Road
Date : Thursday 20 December
Time : 7pm for 8pm meal I haved booked a table for 8 for a meal!
Please confirm whether you are a definite or not as I have placed a deposit down for 8 and they need to know sooner rather than later to increase the numbers as necessary.

West Midlands
Monday 7 January from 7 p.m
Place: Rose and Crown just off Junction 3 of the M42 near Redditch

Please follow this link to Real Life meetings to get involved
https://www.pcgroup.org.uk/threads/wwwthreads.pl?a=l&f;=meet

Mark Roderick
(PCG Executive Team)

This newsletter is published by the Professional Contractors Group. Please feel free to circulate the newsletter to other independent contractors who you know, and who may be interested in joining the PCG. Some links in the newsletter will take you into the password-protected members' area of the PCG website. If you have forgotten your password, contact https://www.pcgroup.org.uk/scripts/public/access/form.pl

To view the Forum links in this newsletter, you must be first logged into the Forum. Further details available at https://www.pcgroup.org.uk/members/discussion_forum.html