Eamonn Holmes - Tax dodger as well as salad

Right, get your pitch forks at the ready cos I is gonna defend him. I went self employed years ago, to do that I had to have 3 different companies/people pay me otherwise I was classed as being employed, if just one company was paying me it was a tax doge on the part of those that paid me. For that reason my accountant said to set up a company, my company charge the other one and in turn pay me.

Reading what fatty has alleged to have done is exactly the same (only he got paid more) ITV paid his company who then paid him. I now have the dilemma, do I hate the Inland Revenue more than I hate fat Pseudo rags. …………………… The Revenue, an absolute load of bastards who stole £850 of me in 1999.
Yes, the second part is what has happened, he has been deemed as 'inside IR35' by HMRC. This rule determines whether someone should be classed as an employee of a company (inside) or an independent contractor (a supplier of services if you like and outside). A person who works via a limited company as a PSC (Personal Services Company) needs to demonstrate that they are truly independent and are not controlled by the companies they do business with - such as being told when and where to work or how to do the job - and do not act as an employee such as attending paid-for buffets (no idea why that example arose) or regular meetings or accepting company benefits. It is extremely complicated and the HMRC have a tool called CEST which is supposed to help contractors determine if they are inside or outside IR35. This is where it gets messy.

This tool has been described as inadequate many times by experts and HMRC have even themselves contradicted their own advice in many legal cases. I'm loathe to fully laugh at Mr Holmes because the IR35 rules are about as clear and fairly applied as the FFP rules and so taking pleasure at this tax ruling is akin to taking pleasure of City's current predicament. Also, if he has had his contracts reviewed correctly for IR35 compliance and/or taken IR35 insurance, then he may not be paying anything out of his own pocket. If he has continued providing his services without taking the necessary precautions then more fool him, but equally I am wary of slapping HMRC's back in way of congratulations.
 
I was self employed for 12 years and only worked for one company. I invoiced them weekly for the same agreed amount + vat and on we rolled
The tax man investigated the company and asked questions about me and another lad who was on the same deal and we never heard anything from them
When the company called time on my "employment' and told me in two weeks they weren't paying me again, I sought the advice of an employment solicitor as I thought I was entitled to 12 months "commission "
Because of the paperwork I had from the company the solicitor told me I was actually employed which came as a surprise to me and the company
I threatened them with an unfair dismissal case, negotiations ensued for four weeks where they continued to pay me and then they settled on a full redundancy package which, because the tax man thought I was self employed and the company also wanted the paperwork saying that, I was able to take nearly all of it tax free
If it had gone to a tribunal the company would certainly have lost and when the inland revenue found out, the company would have been liable for all my tax and national insurance contributions for 12 years (plus my colleague's) even though we had paid via our self employed status
By doing what you've done, you have protected someone else and not yourself
They can bin you at any time
Did you receive holiday pay in the 12 years, or was it taken into account with your settlement ?
 
Did you receive holiday pay in the 12 years, or was it taken into account with your settlement ?

It was one of the things I had in writing to prove I was employed. In a letter it said they wouldn't pay me for holidays until I'd completed a year's service.
So yes, when I left I was paid 13 weeks money, plus £450 x 13 plus any holiday money
It was a full redundancy package which I invoiced as being self employed so lots was written off as winding the business up
 

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