TaxPersonal TaxContractors play the IR35 waiting game as judge weighs evidence.

Contractors play the IR35 waiting game as judge weighs evidence.

IT contractors were fearing further delays this week as the IR35 High Court hearing closed for the judge to consider his ruling.

Lawyers were locked in legal argument on Tuesday with observers anticipating the judge Mr Justice Burton to reserve his judgement and close submissions.

On Monday counsel for the Inland Revenue, Richard Plender, defended the now hated IR35 tax measure saying it was a ‘general measure’, not a piece of ‘targeted legislation’ aimed at favouring one industry sector or individual company over another.

He said the legislation did not name a particular industry sector, and could therefore not be construed as state aid, even if it happened to affect a specific category of business not named under the law.

Lawyers acting for the Professional Contractors Group, led by chairman Gareth Williams (above), claim IR35 discriminates unfairly against small companies and one man bands in favour of large organisations.

Plender continued his attack on illegality claims saying that while IR35 may be damaging and unfair, this did not mean that it was illegal.

For a report on the hearing, see the column on page 5

For the IR35 resource centre visit www.accountancyage.com/Tax.

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