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Contents

Official guidance
Employment Status Manual

ESM8000 · Intermediaries legislation: Chapter 8 ITEPA 2003

  • ESM8001 · Introduction: overview of the legislation
  • ESM8005 · Introduction: advice for HMRC staff and the referral process
  • ESM8010 · Introduction: advice for external customers
  • ESM8015 · Introduction: summary of the intermediaries legislation
  • ESM8020 · Introduction: key terms for intermediaries legislation (Chapter 8 ITEPA 2003)
  • ESM8025 · Introduction: the position for payments covered by Chapter 8 ITEPA 2003
  • ESM8030 · Introduction: how to work out when the legislation applies - example
  • ESM8035 · Introduction: meaning of "the client"
  • ESM8040 · Conditions of liability: Introduction
  • ESM8045 · Conditions of liability: where the intermediary is a company
  • ESM8050 · Conditions of liability: exception where the client is an associated company of the intermediary
  • ESM8055 · Conditions of liability: where the intermediary is a partnership
  • ESM8060 · Conditions of liability: where the intermediary is an individual
  • ESM8080 · Basic principles: when the legislation at Chapter 8 ITEPA 2003 applies
  • ESM8085 · Basic principles: what happens when there is a payment from a relevant engagement
  • ESM8090 · Basic principles: what happens when there is a payment from a relevant engagement - example
  • ESM8095 · Basic principles: conditions of liability: where the intermediary is a company and the worker does not have a material interest - example
  • ESM8100 · Basic principles: conditions of liability: where the intermediary is a company and the worker does not have a material interest - example
  • ESM8105 · Basic principles: conditions of liability: definition of associate
  • ESM8110 · Basic principles: conditions of liability: liability for NICs - client abroad
  • ESM8115 · Basic principles: conditions of liability: liability for NICs - client in European Economic Area
  • ESM8120 · Basic principles: conditions of liability: liability for NICs - client in a country with a Reciprocal Agreement with the United Kingdom
  • ESM8125 · Basic principles: conditions of liability: liability for NICs - rest of the world
  • ESM8130 · Basic principles: the deemed payment: introduction
  • ESM8135 · Basic principles: how to calculate the deemed payment
  • ESM8140 · Basic principles: how to calculate the deemed payment: step by step guide
  • ESM8145 · Basic principles: how to calculate the deemed payment - example
  • ESM8150 · Basic principles: how to calculate the deemed payment: example using step by step guide
  • ESM8155 · Basic principles: how to work out the deemed payment where there is more than one worker
  • ESM8160 · Basic principles: How to work out the deemed payment where there is more than one worker: example
  • ESM8165 · Basic principles: how to work out the deemed payment where the intermediary has income that is not from relevant engagements
  • ESM8170 · Basic principles: how to work out the deemed employment payment where the intermediary has income that is not from relevant engagements - example
  • ESM8175 · Basic principles: how to work out the deemed payment: step one
  • ESM8180 · Basic principles: how to work out the deemed payment: step two
  • ESM8185 · Basic principles: how to work out the deemed payment: step three
  • ESM8190 · Basic principles: how to work out the deemed payment: step four
  • ESM8195 · Basic principles: how to work out the deemed payment: step five
  • ESM8200 · Basic principles: how to work out the deemed payment: step six
  • ESM8205 · Basic principles: how to work out the deemed payment: step seven
  • ESM8210 · Basic principles: how to work out the deemed payment: step seven - example of deduction given at step three for which no deduction given at step seven
  • ESM8215 · Basic principles: how to work out the deemed payment: step seven - relief for expenses met by the worker - example
  • ESM8220 · Basic principles: how to work out the deemed payment: step eight
  • ESM8225 · Basic principles: how to work out the deemed payment: step eight - example
  • ESM8230 · Basic principles: how to work out the deemed payment: step eight - step by step guide
  • ESM8235 · BAsic principles: how to work out the deemed payment: step eight - example using step by step guide
  • ESM8240 · Basic principles: how to work out the deemed payment: when the deemed payment arises
  • ESM8245 · Basic principles: how to account for the deemed employment payment
  • ESM8250 · Basic principles: how to account for the deemed payment: settling the liability
  • ESM8255 · Basic principles: how to account for the deemed payment: settling the liability - in-year event
  • ESM8265 · Basic principles: how to work out the taxable profits of the intermediary: special rules for partnerships
  • ESM8270 · Basic principles: how to work out the taxable profits of the intermediary: company example
  • ESM8275 · Basic principles: how to work out the profits of the intermediary: partnership example - accounts made up to 5 April
  • ESM8280 · Basic principles: how to work out the profits of the intermediary: partnership example - accounts made up to a date other than 5 April
  • ESM8300 · Application of the tax and NICs rules: introduction
  • ESM8305 · Application of the tax rules: residence of worker
  • ESM8310 · Application of the tax rules: benefits in kind
  • ESM8315 · Application of the tax rules: car benefits
  • ESM8320 · Application of the tax rules: car benefits - example
  • ESM8325 · Application of the tax rules: travel expenses
  • ESM8330 · Application of the tax rules: travel expenses - example
  • ESM8335 · Application of the NICs rules: annual earnings periods
  • ESM8340 · Application of the NICs rules: annual earnings periods example
  • ESM8345 · Application of the NICs rules: annual earnings period - example
  • ESM8350 · Particular issues: introduction
  • ESM8355 · Particular issues: avoidance of double taxation
  • ESM8360 · Particular issues: foreign entertainers
  • ESM8365 · Particular issues: treatment of payments made under Construction Industry Scheme (CIS)
  • ESM8370 · Particular issues: multiple intermediaries
  • ESM8375 · Particular issues: partnership basis periods - transitional rules
  • ESM8385 · Particular issues: receipts basis
  • ESM8390 · Particular issues: interaction with the agency legislation
  • ESM8395 · Particular issues: office and office holders - when IR35 applies
  • ESM8400 · Particular issues: Extra Statutory Concession C32 - interest relief for companies with Construction Industry Scheme (CIS) deductions - general
  • ESM8405 · Particular issues: Extra Statutory Concession C32: interest relief for companies with Construction Industry Scheme (CIS) deductions: how to handle claims
  • ESM8410 · Particular issues: Extra Statutory Concession C32 - interest relief for companies with Construction Industry Scheme (CIS) deductions - text of ESC C32
  • ESM8415 · Particular Issues: claims for relief in respect of dividends - claims procedure
  • ESM8420 · Particular Issues: claims for relief in respect of dividends - how to handle claims
  • ESM8425 · Opinions on contracts: introduction
  • ESM8430 · Opinions on contracts: the basic process
  • ESM8445 · Opinions on contracts: general
  • ESM8450 · Opinions on contracts: standard agency contracts
  • ESM8455 · Opinions on contracts: oral contracts
  • ESM8460 · Opinions on contracts: draft agreements and umbrella agreements
  • ESM8465 · Opinions on contracts: model letters
  • ESM8470 · Opinions on contracts: what to do where an opinion is disputed
  • ESM8475 · Opinions on contracts: obtaining further information - third party contracts
  • ESM8480 · Opinions on contracts: formal decisions and rights of appeal
  • ESM8485 · Opinions on contracts: wording of in-year Section 8 Decisions (legislation applies)
  • ESM8490 · Opinions on contracts: wording of Section 8 Decision (legislation does not apply)
  • ESM8495 · Opinions on contracts: engagement covred by the legislation - model letter
  • ESM8500 · Opinions on contracts: engagement not covered by the legislation - model letter
  • ESM8505 · Opinions on contracts: cases studies - example 1 - Gordon
  • ESM8510 · Opinions on contract: case studies - example 2- Henry
  • ESM8515 · Opinions on contract: case studies- example 3- charlotte
  • ESM8520 · Employer compliance reviews and requests for formal Section 8 Decisions: Employer Compliance requests for formal decisions
  • ESM8525 · Employer compliance reviews and requests for formal Section 8 Decisions: the wording of the decision
  • ESM8530 · Considering the evidence: general
  • ESM8535 · Considering the evidence: contracts
  • ESM8540 · Considering the evidence: what happens in practice
  • ESM8545 · Considering the evidence: evidence of the client
  • ESM8550 · Considering the evidence: mutuality of obligation
  • ESM8555 · Considering the evidence: personal service
  • ESM8560 · Considering the evidence: substitution clauses
  • ESM8565 · Considering the evidence: ineffective or sham substitution clauses
  • ESM8570 · Considering the evidence: effective substitution clauses
  • ESM8575 · Considering the evidence: part and parcel of the organisation
  • ESM8580 · Considering the evidence: task of the assignment based engagements
  • ESM8585 · Considering the evidence: mutual intention
  • ESM8590 · Considering the evidence: multiple engagements
  • ESM8600 · Miscellaneous points: "worker" status in IR35
  1. Intermediaries legislation: Chapter 8 ITEPA 2003: Contents
  2. Introduction: advice for external customers

ESM8010 | Introduction: advice for external customers

From HM Revenue & Customs · Employment Status Manual

General advice

External customers seeking general advice about intermediaries legislation should initially refer to the guides on Gov.uk https://www.gov.uk/search?q=ir35.

A new online service has been developed which can provide confirmation of HMRC’s opinion on whether the intermediaries legislation will apply to a particular contract.

Specific advice

For more specific advice about the intermediaries legislation customers can contact the IR35 Customer Service Unit/Helpline.

The Unit provides support on all aspects of the legislation including offering a contract review service. Provided the relevant contracts are available, they will provide an opinion about whether individual engagements are subject to the intermediaries legislation. The contact details are:

IR35 Customer Service Unit

HMRC

S0733

Newcastle upon Tyne

NE98 1ZZ

Telephone: 03000 123 2326 (open 8.30 a.m. to 5.00 p.m. Monday to Thursday and 8.30 a.m. to 4.30 p.m. Friday). Fax: 03000 533 404

The Unit accepts e-mails from external customers at [email protected]. However customers must be advised that HMRC cannot guarantee the security of e-mails sent over the internet and they should therefore avoid sending e-mails which contain detailed personal or sensitive information.

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