C1Part 3Trading income

Annotations:
Modifications etc. (not altering text)

Chapter 9Trade profits: other specific trades

Managed service companies

141Deduction for deemed employment payments

1

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

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 firm, the amount of the deduction allowed under subsection (2) is limited to the amount that reduces the profits of the firm of 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 section.

6

In this section the following expressions have the same meanings as in Chapter 9 of Part 2 of ITEPA 2003—

  • “deemed employment payment” (see section 61D(2) of that Act),

  • “employer's national insurance contributions” (see section 61J(1) of that Act),

  • “managed service company” (see section 61B of that Act).