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The Government has defended the fact that CEST (Check Employment Status for Tax), its online IR35 status assessment tool, doesn't take into account one of the 'fundamental factors' when assessing status.
HMRC has failed to answer four million calls in the past year - and the controversial proposals to extend off-payroll IR35 rules to the private sector would be a further drain on already stretched resources.
More than half of assessments carried out by HMRC’s Check Employment Status for Tax (CEST) tool obtained a 'IR35 does not apply' result. This indicates that thousands of contractors are being wrongly taxed due to unlawful blanket assessments made by public sector hirers who could now face costly legal challenges for unlawful deductions from their wages.
The controversy continues to rumble over the ill-fated public sector IR35 tests, as another survey shows flaws in the system with more than half those questioned revealing no IR35 compliance tests have been carried out.