SCHEDULES

SCHEDULE 3Managed service companies

Part 2Calculation of profits of MSCs: deduction for deemed employment payments

Deduction for deemed employment payments for corporation tax purposes

10

1

This paragraph applies for the purpose of calculating for corporation tax purposes the profits of a business carried on by a managed service company (“the MSC”) which is treated as making a deemed employment payment in connection with the business.

2

A deduction is allowed for—

a

the amount of the deemed employment payment, and

b

the amount of any employer's national insurance contributions paid by the MSC in respect of it.

3

The deduction is allowed for the period of account in which the deemed employment payment is treated as made.

4

If the MSC is a partnership, the amount of the deduction allowed under sub-paragraph (2) is limited to the amount that reduces the profits of the partnership for the period of account to nil.

5

No deduction in respect of—

a

the deemed employment payment, or

b

any employer's national insurance contributions paid by the MSC in respect of it,

may be made except in accordance with this paragraph.

6

In this paragraph “business”, “deemed employment payment”, “employer's national insurance contributions” and “managed service company” have the same meanings as in Chapter 9 of Part 2 of ITEPA 2003.