Radio presenter loses IR35 case
The Court of Appeal has dismissed a sports radio presenter’s argument that IR35 didn’t apply to his engagements with TalkSPORT. What’s the full story?
The presenter engaged with TalkSPORT via a limited company. HMRC raised assessments totally £143,000 for income tax and NI, on the basis that the was caught by IR35. The First Tier Tribunal sided with the presenter, but this was overturned at the Upper Tribunal, and now the Court of Appeal has also dismissed his appeal.
The Court found that there was mutuality of obligation because Kickabout Productions Limited required TalkSPORT to offer the presenter airtime for at least 222 days per year. The contract also gave TalkSPORT the right to suspend the presenter, which is consistent with a contract of employment. The Court also confirmed that an absence of workers’ rights in the contract did not carry much weight in determining the employment status because, if there was an employment relationship, he would enjoy the rights conferred by law on employees.
This case again shows us the importance of analysing the details of each specific case before assuming the employment status of a particular engagement.
Related Topics
-
Founders' relief: a closer look
The Budget's new Founders' Relief sounds remarkably generous, offering a 10% capital gains tax rate on up to £10 million of gains from selling shares from April 2027. However, a closer look at the proposed qualifying conditions suggests that relatively few business owners will benefit. Why might the relief be so difficult to claim?
-
MONTHLY FOCUS: 2026 BUDGET SPECIAL
Budget 2026 contains a mixture of tax rises, new reliefs and changes to the way businesses and individuals will be taxed from 2027 onwards. Savings and property income will face higher rates, the lifetime limit for Business Asset Disposal Relief will fall, a new founders' relief is planned and several allowances and business incentives are changing. Which measures matter most, and is there anything you should do before they take effect?
-
Autumn Budget 2026 – what are the key tax announcements?
The Chancellor delivered the Autumn Budget on 28 October, announcing a mixture of tax increases, new reliefs and changes to the way tax is administered. Although the headline rates of income tax, National Insurance (NI) and VAT remain unchanged, there are some significant changes affecting business owners, landlords and private individuals. What are the main announcements?
This website uses both its own and third-party cookies to analyze our services and navigation on our website in order to improve its contents (analytical purposes: measure visits and sources of web traffic). The legal basis is the consent of the user, except in the case of basic cookies, which are essential to navigate this website.