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IR35Employment lawLatest NewsTax

Gary Lineker case ‘nothing to do with IR35’ claims specialist

by Adam McCulloch 3 Mar 2023
by Adam McCulloch 3 Mar 2023 Gary Lineker presenting for the BBC in 2022
Photo: Mark Pain/Alamy
Gary Lineker presenting for the BBC in 2022
Photo: Mark Pain/Alamy

HMRC’s pursuit of former footballer and Match of the Day presenter Gary Lineker for £4.9m under IR35 rules is fundamentally unsound, a tax specialist has said.

Qdos’s CEO Seb Maley said that it was unclear whether the case relating to income received between 2013 and 2018 should even relate to IR35.

The case had its preliminary hearing for a first-tier tax tribunal last week.

HMRC’s case against Lineker began in 2021 when the tax office claimed that the former England striker had worked for BT Sport and the BBC as a “disguised employee” between 2013 and 2018.

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Lineker, who was operating via a partnership (Gary Lineker Media) set up with his ex-wife, Danielle Bux, is contesting this. He has maintained that he entered into these contracts personally – his company was not engaged by the BBC or BT Sport. According to Qdos, if this is accepted, the IR35 legislation would not be a consideration and instead, the BBC and BT Sport would be liable for missing tax, not Lineker.

The judge in the case, having now been presented with both sides of the argument, will return with a decision in the coming months.

Maley said the case had illustrated how out of date the UK’s tax laws were. He said: “This is one of the most high-profile IR35 cases in history yet nobody can seem to agree if this case even relates to the IR35 legislation. It’s staggering.

“The situation Gary Lineker finds himself in just goes to show how complex the tax system is. It’s archaic. Take IR35 for example – it’s based on decades-old case law that doesn’t reflect modern ways of working. It’s not fit for purpose.”

Lineker’s legal representative, James Rivett KC, said last week: “IR35 has nothing to do with it, they just looked in the wrong direction, and it proceeds from this assumption that a partnership is in some way an entity, and it isn’t, not this type of partnership.

“HMRC are looking in the wrong place here, if they thought there was a quasi-employment relationship between Mr Lineker and the BBC and BT Sport they should have assessed them.”

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HMRC has previously targeted broadcasters including Lorraine Kelly and Kaye Adams in similarly cases, both of whom won their cases on appeal.

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Adam McCulloch

Adam McCulloch first worked for Personnel Today magazine in the early 1990s as a sub editor. He rejoined Personnel Today as a writer in 2017, covering all aspects of HR but with a special interest in diversity, social mobility and industrial relations. He has ventured beyond the HR realm to work as a freelance writer and production editor in sectors including travel (The Guardian), aviation (Flight International), agriculture (Farmers' Weekly), music (Jazzwise), theatre (The Stage) and social work (Community Care). He is also the author of KentWalksNearLondon. Adam first became interested in industrial relations after witnessing an exchange between Arthur Scargill and National Coal Board chairman Ian McGregor in 1984, while working as a temp in facilities at the NCB, carrying extra chairs into a conference room!

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