Taxation of controlling persons
According to chapter 2.103 of his full statement, HMRC’s “new approach to policing IR35” – chiefly the Business Entity Tests, “along with measures introduced in the public sector” – the off-payroll rules, are “sufficient” measures to tackle controlling persons. This is because HMRC’s new approach to policing IR35, along with the measures introduced in the public sector this year, are sufficient to prevent the loss through disguised employment in this way. However, the Government is strengthening the existing intermediaries’ legislation (IR35) to put beyond doubt that it applies to office holders for tax purposes. The Government will keep this area under review.
Full report http://cdn.hm-treasury.gov.uk/autumn_statement_2012_complete.pdf
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