Radio presenter loses IR35 case
The Court of Appeal has dismissed a sports radio presenter’s argument that IR35 didn’t apply to his engagements with TalkSPORT. What’s the full story?
The presenter engaged with TalkSPORT via a limited company. HMRC raised assessments totally £143,000 for income tax and NI, on the basis that the was caught by IR35. The First Tier Tribunal sided with the presenter, but this was overturned at the Upper Tribunal, and now the Court of Appeal has also dismissed his appeal.
The Court found that there was mutuality of obligation because Kickabout Productions Limited required TalkSPORT to offer the presenter airtime for at least 222 days per year. The contract also gave TalkSPORT the right to suspend the presenter, which is consistent with a contract of employment. The Court also confirmed that an absence of workers’ rights in the contract did not carry much weight in determining the employment status because, if there was an employment relationship, he would enjoy the rights conferred by law on employees.
This case again shows us the importance of analysing the details of each specific case before assuming the employment status of a particular engagement.
Related Topics
-
Electronic VAT return and payment due
-
Recovering salary overpayments due to payroll errors
Five employees at Glasgow City Council have together been ordered to pay back £40,000 in overpaid wages caused by a payroll error relating to the calculation of their contractual overtime. If you overpay wages to an existing employee due to a payroll error, can you recover them?
-
Deadline to notify HMRC that you have a tax liability
This website uses both its own and third-party cookies to analyze our services and navigation on our website in order to improve its contents (analytical purposes: measure visits and sources of web traffic). The legal basis is the consent of the user, except in the case of basic cookies, which are essential to navigate this website.