bluenun Oct 10, 2019
The BBC presenters were collared because effectively they failed the various IR35 tests.
Right of substitution, Mutuality of Obligation etc
And lets be honest here the BBC did it like this - as they were advised to operate this way.
So one of their highest earners could argue that they have other clients / works for other media companies. But as far as HMRC are concerned - they will look at each and every contract that persons company has - and tax accordingly.

Basically the HMRC will say for tax purposes they will treat as being employed - whilst for employment purposes they will treat you as being not employed by the bbc. You cant have it both ways - you are either employed and therefor entitled to all the benefits employment brings OR you are NOT.

As far as computer contractors are concerned the Govt have successfully destroyed an IT industry that was full of flexible / knowledgeable / highly skilled and turned them all into full time employees.

The twist in all this is that for large employers - they use the following trick. Hire an Indian software company - that applies for a work visa, come to the UK, the Indian IT worker gets paid a very very low wage (so no UK tax). Once they know the job they go back to India, with the project of work and the UK job disappears (with no tax collected). The Indian IT worker then hands back their work visa (so a null gain on immigration) and when back in India they get a large end of project bonus - and pay India tax instead.

Hopefully others can see the flaws in this setup as well. Scrap IR35, scrap section IR 691 and scrap Section 660A - which targets small husband / wife businesses. The was the situation for nearly all UK Tel Co's, banks, finance companies that I have encountered.