Finance Act 2007

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

Deduction for deemed employment payments for income tax purposes

9 In ITTOIA 2005, after section 164 insert—

“Managed service companies

164A Deduction for deemed employment payments

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

(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) The amount of the deduction allowed under subsection (2) is limited to the amount that reduces the profits of the firm for the tax year 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 “deemed employment payment”, “employer’s national insurance contributions” and “managed service company” have the same meaning as in Chapter 9 of Part 2 of ITEPA 2003.”

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.