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First-tier Tribunal decision in S&L Barnes

07 February 2023 / Alastair Kendrick
Issue: 4875 / Categories: Comment & Analysis , HMRC investigations , IR35 , Employees
109822
It’s a knockout – 2
This article should be read in conjunction with ‘It’s a knockout’ by Dave Chaplin in Taxation 2 February 2023.

I am appreciative to Dave Chaplin for his summary of the decision in the First tier Tribunal of S&L Barnes Ltd (TC8697) (SLB) (tinyurl.com/5n7nbw9u) and for his analysis of this decision against some other recent IR35 tribunal rulings including CRC v Atholl House Productions Ltd [2022] STC 837 and CRC v Kickabout Productions Ltd [2022] STC 876.

Before I delve into the detail of the tax case against Mr Barnes it is worth reiterating that this decision again highlights the complexities of the IR35 tax rules and the careful analysis that is required in order to reach what may be considered an accurate and safe decision over the status of the particular arrangement.

It is also fair to say that Mr Barnes’s activities for the...

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