 |
Finance
Act 2000 (extract covering the application of IR35) |
 |
Schedule
12 to this Act has effect with respect to the provision of services
through an intermediary. |
 |
SCHEDULE
12 |
 |
PROVISION
OF SERVICES THROUGH AN INTERMEDIARY |
 |
Engagements
to which this Schedule applies |
 |
1.
- (1) This Schedule applies where- |
| (a)
an individual ("the worker") personally performs, or is under an
obligation personally to perform, services for the purposes of a
business carried on by another person ("the client"), |
(b)
the services are provided not under a contract directly between the
client and the worker but under arrangements involving a third party
("the intermediary"), and |
| (c)
the circumstances are such that, if the services were provided under
a contract directly between the client and the worker, the worker
would be regarded for income tax purposes as an employee of the
client. |
 |
| (2)
In subparagraph (1)(a) "business" includes any activity carried
on- |
|
(a) by a government or public or local authority (in the United
Kingdom or elsewhere), or |
(b)
by a body corporate, unincorporated body or partnership. |
 |
(3)
The reference in subparagraph (1)(b) to a "third party" includes a
partnership or unincorporated body of which the worker is a member.
|
 |
| (4)
The circumstances referred to in subparagraph (1)(c) include the
terms on which the services are provided, having regard to the terms
of the contracts forming part of the arrangements under which the
services are provided. |
 |
| (5)
The fact that the worker holds an office with the client does not
affect the application of this Schedule. |
 |
| This
is the introduction describing the application of IR35. The full
text of the Act, defining the intermediary, and detailing how to
account for 'relevant engagements' can be found here. |
 |
  |
 |