Kaye Adams wins her long-running IR35 case after Tribunal dismisses HMRC’s appeal

The Loose Women host was facing an estimated £124,000 tax bill for contracts held with the BBC between 2015 and 2017, with HMRC arguing that Adams was not a freelancer and should have been operating inside IR35.  However, the Upper Tier Tribunal upheld the original decision, made by the First-Tier Tribunal in 2019, which found Adams to be working outside of IR35.

Background to the appeal

In 2019, Kaye Adams successfully appealed HMRC’s challenge to her self-employed status that spanned her engagement with the BBC as a presenter of ‘The Kaye Adams Programme’ during the 2015/16 and 2016/17 years. The presenter, who is well known for her appearances on ITV’s Loose Women’ and ‘Paper Review’ on Sky News, has successfully won her long-running IR35 case after the Upper Tier Tribunal upheld the previous ruling that deemed her engagements outside of IR35.

Adams was facing an estimated £124,000 tax bill for contracts held with the BBC between 2015 and 2017, with HMRC arguing that Adams was not a freelancer and should have been operating inside IR35. Ultimately, the array of work undertaken by Adams swung the final decision concerning her status in her favour. The presenter provided her services to the BBC through her company, Atholl House Productions Limited. However, her services are not exclusive to the BBC or as a broadcaster – she also appears on Sky News, is a well-known face of ITV’s Loose Women panel, and writes regular columns for various magazines and newspapers.

Judge rules Adams in ‘business on her own account’

The Judges in the latest ruling confirmed the original decision made in the First Tier Tribunal in 2019 – Ms Adams provided a personal service, an element of Mutuality of Obligation existed, and the BBC held editorial control over the provision of services.

When Adams entered into her contracts, the judge stated that she “would have been entering into business on her own account.” This was mainly because the presenter provided her services on various projects simultaneously, not exclusively to TV.

Andy Chamberlain, Director of Policy at the self-employment trade association, IPSE, said:

“This case once again demonstrates the complexity of the IR35 rules and the difficulty that end-clients will face when the responsibility for making status determinations passes to them this April.

The Upper Tier Tribunal upheld the First Tier Tribunal view that despite the three main status tests pointing to this being a contract of service – and therefore caught by IR35 – IR35, in fact, did not apply because Kaye Adams was in business on her own account.

The question now will be how end-clients will be able to make informed decisions. Only the contractor can know whether they are in business on their own account, as they have sufficient knowledge of their company’s business activities.”

In light of the upcoming off-payroll in the private sector reforms, Chamberlain added:

“[The] Government should […] carefully consider the implications of this judgement and work with us and other stakeholders to devise a more practical approach to compliance – one which would protect the exchequer revenue without burdening business with rules that, evidently, even HMRC itself doesn’t understand.”

Changes to off-payroll in the private sector will be introduced from April 2021

Having been delayed for 12 months due to the coronavirus pandemic, changes to off-payroll in the private sector (IR35) will be coming into effect from April 2021. As a result, contractors currently operating through their limited company in the private sector will no longer be able to determine their IR35 status. Instead, it’ll become the end client’s responsibility (as long as they are classified as a medium or large-sized business).

Please take a look at our recent blogs to discover how the upcoming changes will impact limited company contractors and what private-sector organisations should have done to prepare for the off-payroll changes.

Speak to an expert to discover your payroll options today

If you are unsure about your payroll options in light of the upcoming changes or would like to discuss which you may be better suited to, please give our expert team a call on 01707 871622. We would be delighted to discuss your payroll options with you and provide further information about our range of FCSA accredited contractor services. Switching between Churchill Knight’s best-selling accountancy package and our PAYE umbrella payroll is very straightforward and cost-effective. We’re here to support you every step of the way.