Member Since: 30th Oct 2017
15th Jul 2019
Unbelievably stupid & cynical from HMRC. As I suspected, they are pushing ahead with this, the 'consultation' was merely a facade.
The government claims there is a high degree of non compliance. This is clearly not supported by any evidence. In the last twelve case decisions, since April 2010 they have only fully won 1 case out of 12 - just an 8% win rate.
HMRC’s Litigation and Settlement Strategy (LSS) states (Page 7) "where HMRC believes that it is unlikely to succeed in litigation it will, in the majority of cases, concede the issue". If HMRC are litigating in a reasonable manner they should be winning at least half of cases.
This is also very damaging to the flexibility of the workforce for UK businesses, one of the key reasons why the UK has been a competitive economy relative to more inflexible economies in Europe.
4th Jun 2018
Good point, it's not just a win for the contractor and for common sense, but a loss for the taxpayer funded HMRC which continues to pursue cases they do not have any hope of winning. It should be mandatory for losing cases (including those with just 'summary judgment') to be included in independently audited results of HMRC win rates.