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HMRC IR35 loss at First-tier Tribunal

20 November 2019      Julia Ascott, Employment Taxes Specialist

HMRC have lost an IR35 challenge at the First Tier Tribunal against Canal Street Productions Ltd.  Yes, it’s another TV presenter!

Similar to the case highlighted in our previous article, HMRC appear to have lost this case on a lack of any mutuality of obligation under the arrangements, an indicator that isn’t even considered on the current HMRC CEST tool (‘Check Employment Status for Tax’).

The details:

  • Ms Fospero provided her services through her personal service company, Canal Street Productions, to ITV, carrying on all types of presenting work as a host guest or news presenter
  • Under the agreement ITV anticipated a minimum number of days worked but did not guarantee work and Ms Fospero did not have to accept work
  • Once accepted, ITV had control over time, location and editorial control.  The Judge didn’t consider that this was an important factor as both self-employed and employed arrangements tend to follow the same practices
  • Between presenting work, Ms Fospero had restrictions on her work and personal life.  Again, the Judge did not believe this adversely affected her employment status
  • Ms Fospero carried on other work for other clients during this period

The Judge concluded that Ms Fospero carried out a number of short-term engagements for ITV.  Given that she had no guarantee of future work and ITV were not obliged to provide any work, the arrangement was considered one of self-employment.



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