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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. Application of the NICs rules: annual earnings period - example

ESM8345 | Application of the NICs rules: annual earnings period - example

From HM Revenue & Customs · Employment Status Manual

This example illustrates how to work out how much NICs has to be paid over at the end of the year in respect of the deemed payment where a company is involved and a salary has been paid during the year.

Mr F works through his service company, F Services Ltd. The company has relevant engagements during the year ended 5 April 2001. A deemed payment of £10334 is treated as paid at the end of the year. Mr F also received a salary of £20,000 during the year. His total earnings in the year are therefore £30,334

The employer’s NICs on the deemed payment is £1,261 and on the salary is £1,905.

Employment Income tax and Class 1 NICs are due on the total amount of earnings paid in the year and on the deemed payment.

The Class 1 NICs that are payable are as follows:

Employer’s Class 1 NICs

-Amount
Total earnings in year30334
Employer’s NICs on total earnings*3166
Deduct-
Employer’s NICs already paid in year on salary1905
Additional employer’s NICs payable on deemed payment1261

*This is calculated by:

  • subtracting the Employer’s Earnings Threshold (£4,385) from the total earnings (£30,334) in the year; and

  • then multiplying the resulting amount (£25,949) by the employer’s NIC percentage rate for the period (in this case 12.2%).

Employee’s Class 1 NICs

-Amount
Employee’s NICs due+2343
Employee’s NICs already paid in year on salary1605
Additional employee’s NICs payable738

+This is calculated by:

  • subtracting the Employee’s Earnings Threshold (£4,385) from the Upper Earnings Threshold (or total earnings if lower) (£27,820); and then

  • multiplying the resulting amount (£23,435) by the appropriate employee’s NICs percentage rate (in this case 10%).

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