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Legislation
Income Tax (Earnings and Pensions) Act 2003

Crossheading The deemed employment payment

  • Section 54 Calculation of deemed employment payment
  • Section 55 Application of rules relating to earnings from employment
  • Section 56 Application of Income Tax Acts in relation to deemed employment
  1. The deemed employment payment
  2. Application of Income Tax Acts in relation to deemed employment

Section 56 | Application of Income Tax Acts in relation to deemed employment

From legislation.gov.uk

(1)The Income Tax Acts (in particular, the PAYE provisions) apply in relation to the deemed employment payment as follows.

(2)They apply as if—

(a)the worker were employed by the intermediary, and

(b)the relevant engagements were undertaken by the worker in the course of performing the duties of that employment.

(3)The deemed employment payment is treated in particular—

(a)as taxable earnings from the employment for the purpose of securing that any deductions under Chapters 2 to 6 of Part 5 do not exceed the deemed employment payment; and

(b)as taxable earnings from the employment for the purposes of section 232.

(4)Repealed

(5)Repealed

(6)Where the intermediary is a partnership or unincorporated association, the deemed employment payment is treated as received by the worker in the worker’s personal capacity and not as income of the partnership or association.

(7)Where—

(a)the worker is resident in the United Kingdom, andF1

(b)the services in question are provided in the United Kingdom, ...

(c)Repealed

the intermediary is treated as having a place of business in the United Kingdom, whether or not it in fact does so.

(8)Repealed

Notes

  1. F1

    Words in s. 56(7)(a) inserted (with effect in accordance with s. 136(4) of the amending Act) by Finance Act 2003 (c. 14), s. 136(3)(b)(i)

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