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Crucial IR35 appeal hits the High Court for the second time
June, 06th 2008

An appeal will be launched in the High Court today which could have huge implications for future claims under IR35 tax law.

IT contractor John Bessell will begin his second battle to overturn a previous ruling to pay 99,000 in employment taxes under IR35, funded by the Professional Contractors Group.

The director of Dragonfly Consulting claims that as a freelance system tester for the AA for three years, he should not be considered an employee.

Special Commissioner Charles Hellier had previously ruled that there was 'nothing which points strongly toMr Bessell [being]in business on his own account.'

The PGC claims that a rejection of his appeal could 'undermine much of the successful defence against IR35,' and that under case law 'one would expect Mr Bessell to be found outside of IR35'.

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