EIM15430 | Non-approved schemes: ex-gratia (voluntary) payments: small payments: definition of associated employers

From HM Revenue & Customs · Employment Income Manual

Section 590(3) ICTA 1988

Consideration of whether employers are “associated” for the purposes of EIM15429 should be dealt with by a fully trained Inspector, as follows:

  • employers are associated if (directly or indirectly):

  • one is controlled by the other, or

  • both are controlled by a third person.

For the above purposes:

  • if an employer is a body corporate that is a close company, control is to be construed in accordance with Section 416 ICTA 1988

  • if an employer is a body corporate that is not a close company, control is to be construed in accordance with Section 840 ICTA 1988.