TaxPersonal TaxPlane engineer wins IR35 freelance tax battle

Plane engineer wins IR35 freelance tax battle

Tribunal decides that contractor is not an employer of Airbus

AN ENGINEER has won his tax battle against HM Revenue & Customs to prove he his a freelancer.

Mark Fitzpatrick had been accused of using his limited company to avoid tax, and was actually an employee of Airbus.

However, the tribunal found that Fitzpatrick’s company’s contract with Airbus could have been cancelled without notice, and contractors went home unpaid in the event of systems failure or downtime, reported contractoruk.com.

“This is a significant victory for the freelance community with particular emphasis on mutuality of obligation – a forgotten core principle of being in business,” said a statement from the Professional Contractors Group (PCG).

Fitzpatrick, the sole proprieter of MBF Design Services who fought the case over seven years, said: “It has been a long and testing journey but, with the unwavering help and support from all involved, justice has finally been achieved, I want to thank everyone who supported me.”

 

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