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Contractor takes IR35 fight to High Court
June, 06th 2008

An IT contractor who was last January ordered by special commissioner Charles Hellier to pay 99,000 in employment taxes under IR35 because he was part of the team of his client, is appealing the ruling in High Court.

The appeal by John Bessell, director of Dragonfly Consulting, is based on the argument that, as a freelance system tester for roadservice group AA from 2000 to 2003, he was not tantamount to an employee, Contractor.UK reports.

The appeal will be funded by the Professional Contractors Group, which says that, according to existing case law, one would expect Bessell to be found outside of IR35, contrary to Helliers ruling in January.

The group believes evidence shows Bessell was clearly in business on his own account and Dragonfly provided all Bessells equipment and necessary training for the position. He was also working for another client and went without holiday or sickness pay.

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