Radio presenter loses IR35 case
The Court of Appeal has dismissed a sports radio presenter’s argument that IR35 didn’t apply to his engagements with TalkSPORT. What’s the full story?
The presenter engaged with TalkSPORT via a limited company. HMRC raised assessments totally £143,000 for income tax and NI, on the basis that the was caught by IR35. The First Tier Tribunal sided with the presenter, but this was overturned at the Upper Tribunal, and now the Court of Appeal has also dismissed his appeal.
The Court found that there was mutuality of obligation because Kickabout Productions Limited required TalkSPORT to offer the presenter airtime for at least 222 days per year. The contract also gave TalkSPORT the right to suspend the presenter, which is consistent with a contract of employment. The Court also confirmed that an absence of workers’ rights in the contract did not carry much weight in determining the employment status because, if there was an employment relationship, he would enjoy the rights conferred by law on employees.
This case again shows us the importance of analysing the details of each specific case before assuming the employment status of a particular engagement.
Related Topics
-
Should you use simplified expenses?
The flat rate expense you can claim for business journeys if you’re self-employed has increased to 55p per mile. Can you use simplified expenses for motoring costs and is it more tax efficient to do so?
-
HMRC targets smaller tax debts
HMRC is stepping up collection of lower‑value tax debts, signalling a firmer approach to long‑overdue liabilities while encouraging earlier engagement. Direct recovery from bank and building society accounts has been re‑introduced on a trial basis, alongside a government consultation on HMRC powers and tax administration. What are the key points to be aware of?
-
New digital process for NI refunds
HMRC has introduced an online service to claim a refund of Class 1 NI contributions but not everyone can use it. What can you do if you've paid too much NI?
This website uses both its own and third-party cookies to analyze our services and navigation on our website in order to improve its contents (analytical purposes: measure visits and sources of web traffic). The legal basis is the consent of the user, except in the case of basic cookies, which are essential to navigate this website.