HMRC defeats BBC presenters in IR35 Tribunal…
IR35 specialist, Qdos, has reacted to the news that HMRC won its IR35 Tribunal against BBC journalists, Joanna Gosling, David Eades and Tim Willcox, who it was decided were ‘forced’ into working outside IR35.
Qdos CEO, Seb Maley, commented:
“It’s of real concern that at present, these individuals look like they will be made to pay vast sums to HMRC, despite the judges finding they were ‘forced’ into working as self-employed by The BBC. The onus should be on the engager to settle, not the presenters, who it’s very difficult to label as guilty.
“With around 100 other BBC presenters in the same boat, we could see similar verdicts in time. However, each case needs to be examined on its own merit. And if it’s decided The BBC left someone with no choice but to work outside IR35, then these individuals must be helped financially.
“Bear in mind that The BBC example is a rare one and isn’t reflective of a typical contractor engagement. Therefore, albeit worrying, genuinely self-employed contractors who have set or had their status set with care, do not need to panic.
“With further IR35 reform approaching, companies engaging contractors should take note. No firm should force individuals into a working arrangement purely for its own benefit. IR35 status must be assessed fairly. In doing so, situations like this will be avoided.”
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