IR35 - does it need binning?

  • Thread starter Deleted 163822
  • Start date
Well that's up to you but they are publically displayed for all to see and a poster previously a few months ago posted my real name on this forum so its up to you!
Weeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeell

If your persec has already been blown on the hallowed pages of ARRSE. You should have no issues with posting those details yourself and shutting up your detractors, should you ?
 

ClentBoy

War Hero
Weeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeell

If your persec has already been blown on the hallowed pages of ARRSE. You should have no issues with posting those details yourself and shutting up your detractors, should you ?
I have no issues at all but due to Institutes GDPR rules I cannot post that information on social media but a poster previously worked out who I actually was and previously posted all my personal details for all to see on this site.
 
I have no issues at all but due to Institutes GDPR rules I cannot post that information on social media but a poster previously worked out who I actually was and previously posted all my personal details for all to see on this site.
Your on this list I presume
 
Last edited:

ClentBoy

War Hero
Your on this lost I presume
I very much doubt it I attended Wolverhampton Business School at Compton Park for my HND, BA(Hons) & DMS/MBA from 1989 to 1996 the MBA was moderated by Harvard as Wolverhampton Poly/Uni could not invigilate its own course as it was the first year the course was run and we did an exchange with Harvard in 1996. In the end I elected to study the DMS modules as they gave full exemption from my accountancy institutes examinations and only had to sit 1 final paper because the MBA was not invigilated by a UK Institute ironically you did not get full exemption in 1996 from the professional qualifications by electing to take the MBA specific modules therefore I chose the DMS route to allow me to fully qualify as an accountant quicker and easily ten years later I was awarded fellow status by accountancy institute and for a limited time as was able to convert the qualification by module crediting at Wolves Uni in association with the Institute
 
Last edited:
I very much doubt it I attended Wolverhampton Business School at Compton Park for my HND, BA(Hons) & DMS/MBA from 1989 to 1996 the MBA was moderated by Harvard as Wolverhampton Poly/Uni could not invigilate its own course as it was the first year the course was run and we did an exchange with Harvard in 1996. In the end I elected to study the DMS modules as they gave full exemption from my accountancy institutes examinations and only had to seat 1 final paper because the MBA was not invigilated by a UK Institute ironically you did not get full exemption in 1996 from the professional qualifications by electing to take the MBA specific modules therefore I chose the DMS route to allow me to fully qualify as an accountant quicker and easily ten years later I was awarded fellow status by accountancy institute and for a limited time as was able to convert the qualification by module crediting at Wolves Uni in association with the Institute
Were you exempt from the punctuation modules too?
 

ClentBoy

War Hero
Your on this list I presume
Blimey @bobthebuilder many many thanks for your help I never knew until today I was on the alumni on the Harvard website from 2006 when my DMS became an MBA Cheers Mate & that finally brings my IR35 points to a sucessfull conclusion.
 
Last edited:
I very much doubt it I attended Wolverhampton Business School at Compton Park for my HND, BA(Hons) & DMS/MBA from 1989 to 1996 the MBA was moderated by Harvard as Wolverhampton Poly/Uni could not invigilate its own course as it was the first year the course was run and we did an exchange with Harvard in 1996. In the end I elected to study the DMS modules as they gave full exemption from my accountancy institutes examinations and only had to sit 1 final paper because the MBA was not invigilated by a UK Institute ironically you did not get full exemption in 1996 from the professional qualifications by electing to take the MBA specific modules therefore I chose the DMS route to allow me to fully qualify as an accountant quicker and easily ten years later I was awarded fellow status by accountancy institute and for a limited time as was able to convert the qualification by module crediting at Wolves Uni in association with the Institute
So you are, in fact, a graduate of Wolverhampton Business School and you deliberately mislead people to believe that you attended Harvard? Back in the days of Polytechnics, they all awarded external degrees. Most of them awarded University of London external degrees. Their graduates don’t claim to be be London graduates.

Any pearls of wisdom on the Eamonn Holmes case?
 
If you follow through the status checker, all it does is ask Yes / No questions for each of the tests that HMRC have published for years. The tests are HMRC's interpretation of the law; they aren't statutory. So its quite right and proper that they can be tested in a court of law.

As for the 90% statistic, if one analyses the substitution tests, it's very hard to see how most self-employed or PSC contractors can pass the test as they have no means of substitution. It is the intermediary (if there is one) who can substitute.

The latest bit of case law has firmly sided with HMRC and wired the smug smile of the fat, smug, tax-avoiding git that is Eamonn Holmes. Quite how the face of major TV show like This Morning can possibly be anything but an employee beats me. He's the customer facing representative of ITV working to a schedule that ITV defines, he takes near zero entrepreneurial risk, uses company tools and equipment to deliver his work, his PSC can't provide a substitute etc etc. And yet the cnut claims to consider himself self-employed, despite working through a PSC.
do you buy your own kit and materials
do you put it right at your own cost if you drop a ballcock

same basic rules of are you really self employed as I worked under in the 90’s.
 
If you follow through the status checker, all it does is ask Yes / No questions for each of the tests that HMRC have published for years. The tests are HMRC's interpretation of the law; they aren't statutory. So its quite right and proper that they can be tested in a court of law.

As for the 90% statistic, if one analyses the substitution tests, it's very hard to see how most self-employed or PSC contractors can pass the test as they have no means of substitution. It is the intermediary (if there is one) who can substitute.

The latest bit of case law has firmly sided with HMRC and wired the smug smile of the fat, smug, tax-avoiding git that is Eamonn Holmes. Quite how the face of major TV show like This Morning can possibly be anything but an employee beats me. He's the customer facing representative of ITV working to a schedule that ITV defines, he takes near zero entrepreneurial risk, uses company tools and equipment to deliver his work, his PSC can't provide a substitute etc etc. And yet the cnut claims to consider himself self-employed, despite working through a PSC.

He's exactly the target.


However, those of us who bery much aren't can still be "deemed", as is about to happen to me with potentially dire consequences.
 
I have no issues at all but due to Institutes GDPR rules I cannot post that information on social media but a poster previously worked out who I actually was and previously posted all my personal details for all to see on this site.

The Institute hasn't got "GDPR" rules.

They may have a policy relating to GDPR, but anything on their publicly available website is, er, public.
 

ClentBoy

War Hero
So you are, in fact, a graduate of Wolverhampton Business School and you deliberately mislead people to believe that you attended Harvard? Back in the days of Polytechnics, they all awarded external degrees. Most of them awarded University of London external degrees. Their graduates don’t claim to be be London graduates.

Any pearls of wisdom on the Eamonn Holmes case?
If you look at Eamonn Holmes accounts at Companies House it is quite clear he falls within the scope of IR35 he does not have his own office accommodation and it is clear also he does not have the power to provide his own replacement. He also does not provide his own tools and equipment in broadcasting or pay a fee to use ITV STUDIOS. Lorraine Kelly successfully argued she was a brand which Holmes is not therefore I could not see how he would not be deemed an employee.
 

ClentBoy

War Hero
The Institute hasn't got "GDPR" rules.

They may have a policy relating to GDPR, but anything on their publicly available website is, er, public.
Under our revised rules laid out by the Institute following GDPR under the conditions of our practising certificate we are not allowed to place links or give advice directly on social media.
 
If you look at Eamonn Holmes accounts at Companies House it is quite clear he falls within the scope of IR35 he does not have his own office accommodation and it is clear also he does not have the power to provide his own replacement. He also does not provide his own tools and equipment in broadcasting or pay a fee to use ITV STUDIOS. Lorraine Kelly successfully argued she was a brand which Holmes is not therefore I could not see how he would not be deemed an employee.
Cock. Having your own office accommodation is not and never has been a test of whether an individual is inside or outside IR35. The three core tests are Supervision including Direction and Control), Substitution and Mutuality My guess is that he would fail on all three.
 

ClentBoy

War Hero
Cock. Having your own office accommodation is not and never has been a test of whether an individual is inside or outside IR35. The three core tests are Supervision including Direction and Control), Substitution and Mutuality My guess is that he would fail on all three.
Well my cock is cut to be honest and it doesn't cut much ice with HMRC as a roundhead however I fully agree with your points but I did once represent a fellow accountants client at First Tier Tribunal in an IR35 case and we successfully argued and won the case that the client was outside the scope of IR35 and having Premises costs was a major factor in the decision to go our way to be fair as we successfully argued he was only using the office facilities of the main contractor when he was onsite and 51% of work was conducted offsite.
 
Well my cock is cut to be honest and it doesn't cut much ice with HMRC as a roundhead however I fully agree with your points but I did once represent a fellow accountants client at First Tier Tribunal in an IR35 case and we successfully argued and won the case that the client was outside the scope of IR35 and having Premises costs was a major factor in the decision to go our way to be fair as we successfully argued he was only using the office facilities of the main contractor when he was onsite and 51% of work was conducted offsite.
ah, you mean like the ‘self employed’ who use an accommodation address in an office unit?
 
Last edited:

ClentBoy

War Hero
So you are, in fact, a graduate of Wolverhampton Business School and you deliberately mislead people to believe that you attended Harvard? Back in the days of Polytechnics, they all awarded external degrees. Most of them awarded University of London external degrees. Their graduates don’t claim to be be London graduates.

Any pearls of wisdom on the Eamonn Holmes case?
"@bobthebuilder quoted - So you are, in fact, a graduate of Wolverhampton Business School and you deliberately mislead people to believe that you attended Harvard?"

I cannot see how I have misled anyone @bobthebuilder as I attended Harvard & my MBA was awarded by them explain how I have deliberately mislead anyone & am listed in the 2006 Alumni are you finally having to resort to unprofessional attacks clearly indicating my posts have been correct all the time whilst yours @bobthebuilder are just unmitigated drivel!
 

New Posts

Latest Threads

Top