Section 1129 | Qualifying expenditure on externally provided workers: connected persons

(1)This section applies if—

(a)a company makes a staff provision payment,

(b)the company, the staff provider and (if different) the staff controller (or staff controllers) are all connected, and^F1

(c)in accordance with generally accepted accounting practice—^F1

(i)the whole of the staff provision payment has been brought into account in determining the staff provider's profit or loss for a relevant period, and^F1

(ii)all of the relevant expenditure of each staff controller has been brought into account in determining the staff controller's profit or loss for a relevant period.^F1

(2)The company's qualifying expenditure on externally provided workers is—

(a)the entire staff provision payment, or

(b)if less, an amount equal to the aggregate of the relevant expenditure of each staff controller.^F2

(3)“Relevant expenditure”, in relation to a staff controller, means expenditure that—^F3

(a)is incurred by the staff controller in providing for the company the externally provided workers to whom the staff provision payment relates,^F4

(b)is not of a capital nature, ...^F5

(c)is incurred on staffing costs or agency workers' remuneration, and^F6

(d)is attributable to qualifying earnings of externally provided workers.^F6

(4)“Relevant period”, in relation to a person, means a period—^F7

(a)for which accounts are drawn up for the person, and^F8

(b)that ends not more than 12 months after the end of the company's period of account in which the staff provision payment is, in accordance with generally accepted accounting practice, brought into account in determining the company's profit or loss.

(4A)In subsection (2) the reference to the staff provision payment is to that payment before any deduction is made from the payment under—^F9

(a)section 61S of ITEPA 2003,^F9

(b)regulation 19 of the Social Security Contributions (Intermediaries) Regulations 2000, or^F9

(c)regulation 19 of the Social Security Contributions (Intermediaries) (Northern Ireland) Regulations 2000.^F9

(5)In section 1123 (meaning of “staffing costs”), which applies for the purpose of determining whether the expenditure of a staff controller meets the requirements of subsection (3)(c), references to a company are to be read as references to a staff controller.^F10F11

(6)“Agency workers' remuneration”, in the case of any person who is an externally provided worker in relation to the company, means remuneration that—

(a)is receivable by the worker under or in consequence of the contract mentioned in section 1128(7), but

(b)does not constitute employment income of the worker apart from Chapter 7 of Part 2 of ITEPA 2003 (application of provisions to agency workers).

(7)Any apportionment of expenditure of the company or a staff controller necessary for the purposes of this section is to be made on a just and reasonable basis.^F12