BN66 - hope for freelance contractors

[CrazyMoose]

Originally Posted by The SMG

(e.g is there a debt transfer in place?).

I don't think Debt Transfer applies to anything other than the MSC Legislation.

[DonkeyRhubarb]

Originally Posted by CrazyMoose

I don't think Debt Transfer applies to anything other than the MSC Legislation.

We were not employees, so the scheme providers can't be held liable for not collecting tax through PAYE.

[The SMG]

Originally Posted by DonkeyRhubarb

We were not employees, so the scheme providers can't be held liable for not collecting tax through PAYE.

ah, I was just about to return with "I'm sure they'll have an outstanding Employer's NIC liability though".

[DonkeyRhubarb]

Originally Posted by The SMG

ah, I was just about to return with "I'm sure they'll have an outstanding Employer's NIC liability though".

http://www.bn66.co.uk were trying to argue that we were disguised employees and therefore HMRC should go after the scheme providers to collect Tax&NIC but I haven't heard that they got anywhere with this strategy.

[The SMG]

Originally Posted by DonkeyRhubarb

Budget Note 66 (BN66) – Double Taxation Treaty Abuse were trying to argue that we were disguised employees and therefore HMRC should go after the scheme providers to collect Tax&NIC but I haven't heard that they got anywhere with this strategy.

I notice there has been BN66 developments. What's the latest with you DR?

[DonkeyRhubarb]

Originally Posted by The SMG

I notice there has been BN66 developments. What's the latest with you DR?

As you have seen, Timms has responded to the Human Rights committee (if you can call it a response). Due to the Summer recess, the committee won't meet again to decide their next move until Tuesday 13th October.

We are still waiting for a date for the Judicial Review. There is an outside chance of it being this side of Xmas, but more likely early next year. I suspect Timms and HMRC are hoping that it's sooner, rather than later, so no more damage is done to their chances in court.

We are also currently fighting with the Treasury to get them to release, under FOI, the background information on the legislation, but they are refusing on various grounds including that it wouldn't be in the "public interest". Recently, more people have requested this. (See requests with Human Rights in the title)
Her Majesty's Treasury - view and make Freedom of Information requests - WhatDoTheyKnow

Our strategy is to keep chipping away at them and see if anything gives. Ultimately, if we have to, we will appeal to the Information Commissioner.

[Azeey]

That's a shockingly poor reply from the Right Dishonourable Labour MP.

Anyone think he's got something to hide??