Background facts
Background facts
The Appellant was incorporated on 30 October 2007. The Appellant provides specialist search detection services for its end-clients at venues and events. The searches are primarily aimed at detecting explosives, firearms, pyrotechnics and narcotics. Under the contracts between the Appellant and its end-clients, the Appellant agreed to provide teams of search-dog operatives, and their dogs. In return, the fee paid to the Appellant was calculated based on the number of search-dog operatives and dogs provided, and the number of hours that they worked. The Appellant’s business model incorporates these dog-handlers as integral components of the security services it delivers to its clientele.
- Heading
- Introduction
- The issue
- Burden and standard of proof
- Authorities and documents
- Background facts
- Dramatis personae
- The end-clients
- The dog-handlers
- HMRC’s investigation
- The Determination
- Relevant law
- ITEPA
- The PAYE Regulations
- TMA
- The evidence and the key submissions
- The Appellant’s submissions
- HMRC’s submissions
- Findings of fact
- Discussion
- Whether the Agency legislation applies
- Condition 1: s 44(1)(a)
- An individual (‘the worker’)
- ‘ Personally provided services ’
- Supervision, Direction and Control
- Conclusions
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