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
-
Income sharing trouble for separated couple
After a couple separated one spouse received income from letting the property she jointly owned with her estranged spouse. HMRC taxed all the income on her. Was it right to do so or should her spouse have been taxed on half the income?
-
How to handle workers aiming to "Slide Away" to an Oasis Concert
The Oasis Live ’25 UK reunion tour starts in Cardiff on 4 July 2025 and concludes in London on 28 September 2025. With ticketless fans keen on obtaining last-minute tickets and ticketed fans eager to get to the gig for when the gates open, this could have an impact on staff productivity and timekeeping. How can you tackle these issues?
-
Is getting your business to pay tax efficient?
You were recently involved in an online discussion about the tax consequences of putting the cost of a celebratory meal for the business owners and staff through the firm’s books. Will doing so save or increase tax overall?