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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. Basic principles: how to calculate the deemed payment - example

ESM8145 | Basic principles: how to calculate the deemed payment - example

From HM Revenue & Customs · Employment Status Manual

Periods up to 5 April 2002

Mr C is a draughtsman in the aerospace industry who works through his own limited company, C Services Ltd. He provides services to Client Ltd under a contract, which falls within the legislation. Client Ltd pays £40,000 to C Services Ltd for the services provided by Mr C.

Mr C:

  • does no other work in the year

  • the capital allowances that Mr C could claim on the car after adjustment for private use are £1,500; and

  • receives a benefit in kind of £2,000 in respect of the car on which the Class 1A NICs paid was £366 (this figure is for illustrative purposes only)

C Services Ltd:

  • pays him a salary of £4,000

  • provides him with a car, in respect of which it meets total running costs of £3,000 (car used 50% for business travel and 50% for private use), and

  • makes pension contributions of £2,000.

The calculation of the deemed payment is as follows:

Step-AmountAmount
Step OneTotal amount received by intermediary from client-40,000
Step OneDeduct 5% flat rate deduction2,000-
Step TwoTotal amount received directly by the worker from the client0-
Step ThreeExpenses met by the intermediary, which could have been claimed as expenses against income tax if the worker had been an employee of the client and had paid for them himself1,500-
Step FourCapital allowances in respect of expenditure incurred by the intermediary that the worker could have claimed if employed by the client and he or she had incurred the expenditure1,500-
Step FiveContributions to a registered pension scheme by the company for the benefit of the worker2,000-
Step SixSecondary Class 1 and Class 1A NICs paid by the intermediary for that year in respect of salary or benefits in kind provided to the worker during the year366-
Step SevenSalary and benefits in kind received by Mr C from the intermediary which are already taxable as general earnings (includes car benefit)6,000-
-Total Deductions13,36613,366
-Net amount-26,634
Step EightSecondary Class 1 NICs on the deemed payment-2,854
-Deemed payment-23,780
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