In light of the Post Office Horizon Scandal where the Post Office both identified 'crime', and prosecuted it, and incentivising staff to secure convictions, is the HMRC and IR35 setting itself up for a forthcoming scandal where it is defining the rule, assessing the rules for itself, and then prosecuting people for failing to meet the rules? When the goal is to increase tax revenue, does this skew the way it interprets its own rules?
IR35 has created a whole suit of knock effects that cost business and customers much more than any of the 'lost' tax the HMRC is after. I know of British people who have moved abroad and work remotely as contractors because they don't count as UK IR35 so HMRC has lost ALL their tax, and the tax on their spending so. We now have an industry of 'umbrella' companies, that now need to be investigated to see if they are scamming the system, and many employers find it easier to use off-shore staff than British based on contractors.
When you can see the runes now ... will it take 10-20 years like the Horizon scandal before someone says that the whole IR35 industry that grew up cost the economy and employment much more than the tax the HMRC thought it was owed.
Health and Safety Consultant | HSE Manager | HSSE Director | HSEQ Vice President | Interim Manager | Expert Witness | NEBOSH | IOSH | OSHA | IIRSM | Oil and Gas | Renewable Energy
1moI am not an expert but it seems like the simple option would be to align tax law and employment law, so if you are an employee for tax purposes (Inside IR35) then you are also an employee for rights, benefits and legal protections.