"IR35" has now been in existence for over ten years and still it remains a constant concern for freelancers and contractors across the UK. In particular, it has become a notorious threat to those within the IT Consultancy industry. Its significant impact on small businesses led to the emergence of the Professional Contractor Group (PCG).
9 Mar 1999 |
IR35 measures announced |
We were first introduced to the concept on 9 March 1999 when the Inland Revenue (now HM Revenue and Customs) published a press release detailing Gordon Brown's plans to create legislation to "counter tax avoidance in the area of personal service provision". |
|
May 1999 |
Professional Contractor Group (PCG) is formed |
PCG forms to combat IR35 proposals. |
|
23 Sept 1999 |
Modified IR35 measures announced |
A second press release by the Inland Revenue on 23 September 1999 confirmed their plans and provided details of their revised proposals. |
|
Nov 1999 |
IR35 passed through House of Commons |
The Welfare Reforms and Pensions Bill (containing IR35) is passed through the House of Commons. |
|
1 Feb 2000 |
Revenue published IR35 guidance |
IR35 depends significantly on determining employment status. Final guidelines in relation to this were published by the Inland Revenue on 1 February 2000. |
|
7 Apr 2000 |
IR35 becomes law |
The Finance Bill published on 7 April 2000 contained clauses to ensure IR35 became law. |
|
28 Jul 2000 |
Royal Ascent |
The Finance Bill received parliamentary passage and received Royal Ascent on 28 July 2000. IR35 was applied retrospectively with effect from 6 April 2000, making the tax year ended 5 April 2001 the first applicable tax year. |
|
Mar 2001 |
Judicial Review |
Since implementation the IR35 legislation has been widely criticised by the CBI and ICAEW. |
|
2 Apr 2001 |
High Court Hearing |
Following the Judicial Review hearing in March, it was follows up on 2 April 2001 in the High Court. The High Court dismissed PCG's application. |
|
Aug 2001 |
First IR35 cases loses |
The first IR35 case loses: Battersby vs Campbell |
|
21 Dec 2001 |
Judicial Review – Appeal |
PCG launched an appeal which was dismissed on 21 December |
|
Jan 2002 |
PCG drops legal battle |
PCG decide to focus on individual cases and case law. |
|
Oct 2002 |
First IR35 case won |
The IR35 case is won: Lime IT vs Justin |
|
Jan 2005 |
Tories propose abolishment of IR35 |
The Tories speak for the first time since its introduction, about the abolishment of IR35. |
|
2005 – 2009 |
Various cases |
Majority of these cases were lost by HMRC. |
|
Mar 2010 |
Tories announce commitment to review IR35 |
PCG's continual lobbying gains contractors a commitment from the Tories to conduct a review of IR35. |
|
July 2010 |
OTS review of IR35 |
IR35 review promised by new Office of Tax Simplification (OTS). |
|
Sep 2010 |
Amendments to IR35 unlikely until 2012 |
Experts say that IR35 is unlikely to see any amendments until April 2012 at the earliest. |
If you have any questions on the above please Contact Us