September 20th 2019 10:27 am

Written by Robert Hudson

home :: tax news :: personal tax

BBC Presenters Lose Tax Case Against HMRC

The presenters lose their disguised employment appeal against IR35 tax clawback and now face paying back hundreds of thousands of pounds.

BBC presenters Joanna Gosling, Tim Wilcox and David Eades are facing tax clawbacks of around £300,000 after losing a tribunal case against the Taxman. They were not as fortunate as Lorraine Kelly who won a similar case.

The presenters were caught by HMRC rules dubbed 'IR35' which prevent employees from using shell companies as vehicles in order to receive income and then use tax effective methods on how to take their salary.

After eight years of deliberations the tribunal judgement is a blow for hundreds of other presenters who are also set to repay the Taxman years of income that was deemed to not have been properly taxed.

The first-tier tribunal agreed that the presenters were tasked with setting up the shell companies, otherwise known as 'personal service companies' by the Beeb in order for them to receive payments for their work. It is thought that over £900,000 was originally sought by HMRC but only the final third was outstanding at this tribunal stage.

The BBC in some cases requires presenters to work as contractors where it feels they are technically self-employed. The tribunal disagreed with this notion and stated that the presenters' work fell within IR35 due to the level of control the BBC had in the work they did.

New rules starting from April 2020 will make it the duty of the engaging company (in this case the BBC) to decide the tax status of the client (the presenter). If the BBC deems the presenter they are paying through a PSC is considered to be an 'employee' then the BBC must deduct employee level tax and national insurance plus employers national insurance deductions at source before making payment to the the PSC.

The exact rules on how this will be implemented are still ambigious. Our IR35 calculator uses the most likely approach, which shows the impact upon individuals who are currently using PSCs, but deemed to be employees, to be significant.

See more articles from September 2019

Keywords:

Topics
Election - 33 available Personal Tax - 268 available Uk Budget - 88 available Welfare - 6 available Autumn Statement - 23 available Fraud - 13 available Business Tax - 31 available General - 68 available Expenses - 9 available Spring Statement - 7 available Tax Return - 39 available Self Employed - 21 available Limited Company - 4 available Benefits - 1 available Company Cars - 3 available
Browse Archives:
November 2024 - 1 available October 2024 - 6 available September 2024 - 3 available August 2024 - 4 available July 2024 - 5 available June 2024 - 7 available May 2024 - 5 available April 2024 - 2 available March 2024 - 6 available February 2024 - 2 available January 2024 - 4 available December 2023 - 3 available November 2023 - 4 available October 2023 - 4 available September 2023 - 2 available August 2023 - 2 available July 2023 - 2 available June 2023 - 4 available May 2023 - 5 available April 2023 - 2 available March 2023 - 6 available February 2023 - 4 available January 2023 - 7 available December 2022 - 6 available November 2022 - 4 available October 2022 - 5 available September 2022 - 9 available August 2022 - 3 available July 2022 - 3 available June 2022 - 3 available May 2022 - 4 available April 2022 - 3 available March 2022 - 3 available February 2022 - 4 available January 2022 - 4 available December 2021 - 4 available November 2021 - 3 available October 2021 - 3 available September 2021 - 3 available August 2021 - 3 available July 2021 - 6 available June 2021 - 2 available May 2021 - 4 available April 2021 - 3 available March 2021 - 5 available February 2021 - 3 available January 2021 - 9 available December 2020 - 5 available November 2020 - 5 available October 2020 - 5 available September 2020 - 8 available August 2020 - 5 available July 2020 - 13 available June 2020 - 3 available May 2020 - 7 available April 2020 - 5 available March 2020 - 10 available February 2020 - 10 available January 2020 - 6 available December 2019 - 6 available November 2019 - 7 available October 2019 - 5 available September 2019 - 6 available August 2019 - 9 available July 2019 - 6 available June 2019 - 4 available May 2019 - 4 available April 2019 - 4 available March 2019 - 9 available February 2019 - 4 available January 2019 - 6 available December 2018 - 3 available November 2018 - 5 available October 2018 - 7 available September 2018 - 9 available August 2018 - 3 available July 2018 - 4 available June 2018 - 5 available May 2018 - 6 available April 2018 - 4 available March 2018 - 6 available February 2018 - 6 available January 2018 - 2 available December 2017 - 5 available November 2017 - 8 available October 2017 - 5 available September 2017 - 4 available August 2017 - 3 available July 2017 - 5 available June 2017 - 2 available May 2017 - 5 available April 2017 - 4 available March 2017 - 6 available February 2017 - 3 available January 2017 - 4 available December 2016 - 3 available November 2016 - 4 available October 2016 - 3 available September 2016 - 2 available August 2016 - 6 available July 2016 - 4 available June 2016 - 2 available May 2016 - 2 available April 2016 - 2 available March 2016 - 3 available February 2016 - 2 available January 2016 - 5 available December 2015 - 3 available November 2015 - 4 available October 2015 - 3 available September 2015 - 2 available August 2015 - 2 available July 2015 - 5 available June 2015 - 3 available May 2015 - 1 available April 2015 - 2 available March 2015 - 6 available February 2015 - 3 available January 2015 - 3 available December 2014 - 4 available November 2014 - 2 available October 2014 - 5 available September 2014 - 1 available August 2014 - 2 available July 2014 - 2 available June 2014 - 3 available May 2014 - 2 available April 2014 - 5 available March 2014 - 4 available February 2014 - 2 available January 2014 - 5 available December 2013 - 3 available November 2013 - 3 available October 2013 - 4 available September 2013 - 5 available August 2013 - 7 available June 2013 - 1 available April 2013 - 3 available March 2013 - 6 available February 2013 - 5 available January 2013 - 4 available December 2012 - 1 available March 2012 - 3 available January 2012 - 2 available

© 2008 - 2024 UKTaxCalculators.co.uk