In Basic Broadcasting Ltd v HMRC  UKFTT 48 (TC), the FTT held that hypothetical contracts between the BBC/ITV and a personal service company were contracts for services and not employment contracts, despite a sufficient framework of control and mutuality of obligation being established. Accordingly, the presenter was not subject to the off-payroll working rules (commonly referred to as IR35). The intermediaries legislation has proved an area of legal uncertainty in recent years, with a number of cases reaching the FTT. Whilst this case was heavily fact-dependent, the decision is a timely reminder of the importance of the third 'negative' condition of the Ready Mixed Concrete test, which will be welcomed by taxpayers, especially at a time when HMRC appear to attach great weight to the first two 'positive' conditions in that test. You can read our commentary on the decision here.
In a much-anticipated podcast, we analyse the Economic Crime Transparency and Enforcement Act, which came into force in March of this year after it was fast-tracked through Parliament in response to calls for the UK's economic crime laws to be tightened. The new legislation introduces further sanctions powers and aims to tackle financial crime by revealing the identities of overseas beneficial owners of UK property. Tom Godfrey, of 23 Essex Street Chambers, discusses whether this important piece of legalisation is likely to be effective and achieve its aim.
A link to the podcast is available here.