IR35 fears are ‘unfounded’, court hears

Far from posing a major threat to the small business sector, the Revenue claimed the regulation would have the opposite effect.

The denial came from Richard Plender QC, counsel for the Revenue, on day three of the challenge brought against the regulations by the Professional Contractors Group, which is made up of contractors.

The Group, with a membership of 12,000, claims many of its members will be forced out of business if the new regime, which it brands as ‘misconceived’, goes ahead and that some 90,000 small companies could be affected.

The IR35 regulations are aimed at countering tax avoidance, which thegovernment believes stems from ‘disguised employment’. IR35’s effect is to treat small companies contracted to larger ones as directly employed and by doing so cutting them off from tax benefits they would otherwise enjoy.

Today, though Plender denied the regulations would spell disaster for the small business community.

He claimed the evidence suggested the contrary, that the regulations did not target small companies or those in a particular industry, and that true businesses would be unaffected by the regulations.

He said: ‘The contested legislation is designed to establish equality of treatment between workers whose situation is identical in all respects save that one offers his services through an intermediary.

‘It is general in design and effect, draws no distinction between workers using intellect and workers using tools, does not provide for the different tax treatment of companies of different sizes or sectors and makes no significant change in the rules governing taxation of companies.

‘There is no reliable evidence that it has caused businesses to wind up or leave the country or that it has deterred businesses from operating here, or that it is likely to do so. The evidence is to the opposite effect,’ he told the court.

Refuting the claim that most of the 90,000 affected companies would close down, he said evidence from independent industry commentators suggested otherwise.

He continued: ‘The contested legislation, which has been considered and approved by parliament, is designed to establish equality of treatment between workers whose situation is identical in all respects save that some offer their services through an intermediary.

‘It is designed to counteract tax avoidance and to promote fairness. It infringes neither Community law nor the European Convention on Human Rights,’ he added.


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