Sky Sports activities tennis presenter has misplaced an IR35 tax case in opposition to HMRC on a technicality.

Barry Cowan had appealed a earlier resolution by HMRC that he must be handled as an worker of Sky for tax functions, referring to work carried out between the 2014 and 2019 tax years.

The attraction was made by a partnership middleman, Cranham Sports activities, through which Cowan is a member.

In June 2021, HMRC stated after taking a look at communications between Sky and Cranham Sports activities, the connection between Sky and Cowan was one in every of service, and Cowan must be handled as employed by Sky.

A part of the attraction rested on a declare by Cranham Sports activities that among the correspondence from Sky was not proven to them earlier than the choice was made.

HMRC initially despatched its resolution to Cranham Sports activities in December 2021, outlining that Cranham Sports activities and Cowan may take up a suggestion of an inner assessment if requested inside 30 days.

Though the opposing facet replied to the e-mail, alleging HMRC had did not reply to factors outlined in an e mail on the finish of July that summer season, HMRC dominated that no request for a assessment had been made for 30 days.

Cowan’s representatives later argued that the dispute ought to stay open till HMRC had absolutely responded to those factors.

A request for a assessment was finally despatched by in February 2022, 60 days from the choice letter, which was refused by HMRC.

The tribunal choose, Amanda Brown KC, stated: “The applicant concedes that the delay had no purpose apart from the consultant made a mistake and primarily didn’t realise or consider, in mild of the e-mail of 8 December 2021, that point was working in opposition to the applicant.

“Reasonably than search to remediate the place as quickly as attainable the consultant continued to lock horns with what he thought-about to be the outrageous conduct of HMRC.

“He didn’t attraction however continued to make criticism to HMRC,” she stated.

Dave Chaplin, chief government officer of IR35 Protect, stated had this case gone to a tribunal the end result could have been completely different.

“This highlights the significance, notably in IR35 instances, why taxpayers ought to interact with specialist advisors to defend them.

“Dropping a battle on a procedural level, with out even getting into the ring will clearly be very disappointing for Mr Cowan.”

Commenting, Dave Chaplin, CEO and founding father of IR35 Protect, a tax advisory agency which specialises in IR35 and Off-payroll issues stated: “That is the second individual to fall foul of the fundamentals, and lose their IR35 case on a procedural level, following the identical errors made within the case of Michael Lynagh.

“By not responding to the HMRC view of the matter letter and failing to attraction it inside 30 days, this fundamental error has resulted within the case being misplaced, and the flexibility to attraction not permitted. Had it gone to tribunal, the end result could have been completely different.

“This highlights the significance, notably in IR35 instances, why taxpayers ought to interact with specialist advisors to defend them. Dropping a battle on a procedural level, with out even getting into the ring will clearly be very disappointing for Mr Cowan.

“Studying the ruling, it seems an opinion was shaped by HMRC, with out the taxpayer having full entry to the fabric upon which the opinion was made. That doesn’t chime with the idea of treating taxpayers pretty, and while HMRC has gained a case, with out a full listening to, the way about which they’ve executed so, raises issues.

Qdos CEO, Seb Maley, added: “It’s important to really feel for Barry Cowan. Via no fault of his personal, he gained’t have the prospect to attraction. If latest IR35 instances involving Sky Sports activities presenters are something to go by, this enormous error may have price him a fortune.

“Submitting an software to attraction is straightforward stuff – it must be bread and butter for Cowan’s representatives. What’s actually worrying is that it’s not the primary time we’ve seen this occur. Late final 12 months it emerged that one other Sky Sports activities presenter, Michael Lynagh, had his request to attraction denied as a result of his accountant missed the deadline.

“It goes with out saying that within the occasion of an IR35 investigation, you want help you possibly can rely on. IR35 instances can carry thousands and thousands in tax legal responsibility and HMRC is noticeably ramping up its compliance exercise on this space.”

Different instances

On the finish of final month, Eamonn Holmes additionally misplaced an attraction in opposition to HMRC over whether or not he was straight employed by ITV as a presenter on This Morning.

In the identical month, Gary Lineker gained his battle over practically £5mn in what HMRC stated was unpaid tax.