After much debate HMRC decided to target small one man companies who were taking basic salary with the balance of the profits in dividends. The law was changed in 2000 to ensure that if there is personal service required then the individuals would have to operate quasi PAYE and deduct NIC regardless of how they were paid.
Challenges have been made to small businesses directly and also to large organizations who provide and run businesses for individuals (contractor or umbrella companies).
Gilbert Tax has extensive experience of IR35 and worked with one of the big service providers to help implement changes to ensure that all businesses they run are IR35 compliant.
If you have an IR35 Tax Issue and would like expert Tax advice or details of how we can help then please phone us on 0800 734 3333.
S660 is the latest in a long line of attacks on small businesses HMRC have undertaken a number of tax investigations on small businesses where both partners are shareholders and one, according to HMRC, contributes more then the other. HMRC have claimed that this is the transfer of value and that any dividends paid should be assessed on the primary contributor.
Although the Court of Appeal has recently ruled that in the case HMRC took on this issue there was no settlement and thus S660 does not apply there is still the possibility that HMRC will be able to challenge this before the House of Lords. It is still widely expected that HMRC will challenge businesses on this issue.
If you would like to know more how Gilbert Tax can help please call 0800 734 3333.
We were contacted by a Scaffolding Contractor after HMRC had issued assessment claiming tax and NIC's totalling over £70,000...read more...
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Our firm of tax advisors specialise in resolving people's problems with HMRC. We have extensive expertise in dealing with all forms of tax investigations and tax disputes as well as with taking matters to the Tax Tribunal where agreement cannot be reached.
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