Finance Act 2000 (c. 17)

SCHEDULES

SCHEDULE 12 U.K. Provision of services through an intermediary

Part III U.K. Supplementary provisions

Earlier date of deemed Schedule E payment in certain cases U.K.

12 U.K. F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 12 paras. 1-16, 19-24 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 8 Pt. 1 (with Sch. 7)

Relief in case of distributions by intermediary U.K.

13 U.K. F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 12 paras. 1-16, 19-24 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 8 Pt. 1 (with Sch. 7)

Provisions applicable to multiple intermediaries U.K.

14 U.K. F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 12 paras. 1-16, 19-24 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 8 Pt. 1 (with Sch. 7)

Multiple intermediaries: avoidance of double-counting U.K.

15 U.K. F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 12 paras. 1-16, 19-24 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 8 Pt. 1 (with Sch. 7)

Multiple intermediaries: joint and several liability for PAYE deductions U.K.

16 U.K. F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Sch. 12 paras. 1-16, 19-24 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 8 Pt. 1 (with Sch. 7)

Calculation of profits of intermediary: deduction for deemed Schedule E payment U.K.

17 (1) In calculating for [F6 corporation tax purposes] the profits of a business carried on by an intermediary that is treated as making in connection with that business a [F7 deemed employment payment], a deduction is allowed for— U.K.

(a) the amount of the payment, and

(b) the amount of any employer’s national insurance contributions paid by the intermediary in respect of it.

(2) The deduction allowed by this paragraph must be taken into account for the period of account in which the [F7 deemed employment payment] is treated as made.

(3) No deduction in respect of the matters mentioned in sub-paragraph (1) may be made except in accordance with this paragraph.

[F8 (4) In this paragraph and paragraph 18 expressions that are also used in Chapter 8 of Part 2 of the Income Tax (Earnings and Pensions) Act 2003 have the same meaning as in that Chapter.]

Textual Amendments

F6 Words in Sch. 12 para. 17(1) substituted (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 520 (with Sch. 2)

F7 Words in Sch. 12 para, 17 substituted (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 para. 244(2)(a) (with Sch. 7)

F8 Sch. 12 para. 17(4) inserted (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 para. 244(2)(b) (with Sch. 7)

Calculation of profits of intermediary: special rules for partnerships U.K.

18 (1) The following provisions apply in calculating for [F9 corporation tax purposes] the profits of a business carried on by a partnership that is treated as making in connection with that business a [F10 deemed employment payment]. U.K.

(2) The amount of the deduction allowed under paragraph 17 is limited to the amount that reduces the profits of the partnership for the tax year to nil.

(3) To the extent that in any tax year the expenses of the partnership in connection with the relevant engagements exceed the sum of—

[F11 (a) the amount that, in calculating the deemed [F12 the employment income Parts of the Income Tax (Earnings and Pensions) Act 2003] payment, is deducted under Step Three of the calculation in paragraph 7, and]

(b) 5% of the amount taken into account in Step One of the calculation in paragraph 7 as the intermediary’s receipts in respect of the relevant engagements,

they shall be left out of account in calculating the profits of the business.

Textual Amendments

F9 Words in Sch. 12 para. 18(1) substituted (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 520 (with Sch. 2)

F10 Words in Sch. 12 para. 18(1) substituted (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 para. 244(3)(a) (with Sch. 7)

F11 Sch. 12 Pt. III para. 18(3)(a) substituted (24.7.2002 with effect as mentioned in s. 38(5) of the amending Act) by 2002 c. 23, s. 38(4)(5)

F12 Words in Sch. 12 para. 18(3)(a) substituted (with effect in accordance with s. 723(1)(a)(b) of the amending Act) for the words "Schedule E" by virtue of Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 para. 244(3)(b) (with Sch. 7)

Meaning of “associate" U.K.

19 U.K. F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13 Sch. 12 paras. 1-16, 19-24 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 8 Pt. 1 (with Sch. 7)

Meaning of “the Inland Revenue" U.K.

20 U.K. F14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Sch. 12 paras. 1-16, 19-24 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 8 Pt. 1 (with Sch. 7)

Interpretation U.K.

21 U.K. F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Sch. 12 paras. 1-16, 19-24 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 8 Pt. 1 (with Sch. 7)

Transitional provisions: general U.K.

22 U.K. F16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 Sch. 12 paras. 1-16, 19-24 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 8 Pt. 1 (with Sch. 7)

Transitional provisions: deemed discontinuance of business U.K.

23 U.K. F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Sch. 12 paras. 1-16, 19-24 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 8 Pt. 1 (with Sch. 7)

Saving for provisions relating to agency workers U.K.

24 U.K. F18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18 Sch. 12 paras. 1-16, 19-24 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 8 Pt. 1 (with Sch. 7)