PracticePeople In PracticePCG endeavours to prolong IR35 fight

PCG endeavours to prolong IR35 fight

Anti IR35 campaigners this week vowed to fight on after it emerged that the Professional Contractors Group has asked for permission to appeal against its High Court defeat.

Although the PCG was refused leave to appeal against the decision, it has now asked for permission to take its case to the Court of Appeal. And the campaign group hopes it will know within a four weeks whether or not it can take its case further.

At the beginning of April, Lord Justice Burton ruled that IR35 could not be challenged on grounds of European law. The decision was a milestone in the Inland Revenue’s battle to keep the controversial tax rules, which were introduced to remove tax advantages previously held by contractors who operated through personal service companies.

If the PCG was allowed to lodge an appeal, its arguments would be along broadly the same lines as before. The group can only challenge on European grounds as the government retains the right to set tax policy and legislation in the UK. Only the European Union has the authority to rule the tax law should be changed.

Meanwhile, representatives of the PCG hope they will get their chance to meet officials from the Revenue in ‘weeks rather than months’.

A spokesperson said while a date has yet to be set, PCG directors and chairman Jane Akshar, were looking forward to their opportunity to hold a discussion at the Inland Revenue.

It is understood the meeting will not include MPs or senior members of the government, but will instead be with Revenue officials. The PCG hopes to discuss the notorious set of tests devised by the government to determine eligibility under IR35.

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