Question to the HM Treasury:

To ask the Chancellor of the Exchequer, pursuant to the Answer of 18 October 2018 to Question 178495 on Tax Avoidance, how many IR35 tribunal cases were unsuccessful in each of the last ten years.

The Check Employment Status for Tax (CEST) digital service is a part of a package of guidance and support that helps customers to determine employment status. Its use is not mandatory, however, if it is completed correctly and in accordance with our guidance and HM Revenue and Customs (HMRC) will stand by the result. HMRC has not paid out or written off any tax due to determinations made by CEST.

There are existing processes for workers to review employment status decisions. Off-payroll workers in the public sector, found to be within the off-payroll working rules (IR35), who believe they have been wrongly classified should first take this up with their engager whose responsibility it is to make the determination. The existing process can be found on gov.uk: https://www.gov.uk/guidance/ir35-find-out-if-it-applies#further-help-with-the-off-payroll-working-rules

In the last ten years HMRC has taken twelve IR35 cases to tribunal. They have lost in nine of the cases. The vast majority of the decisions on status are straightforward and do not involve litigation. It is right that HMRC litigates more finely balanced cases, particularly where they are complex or unusual.

Off-payroll working litigation is carried out by a number of HMRC teams. These teams are also involved in other tax litigation and as a result, we do not hold specific information relating to the cost of off-payroll working court cases in the last five years.