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SCHEDULES

SCHEDULE 12U.K. Provision of services through an intermediary

Part IIIU.K. Supplementary provisions

Earlier date of deemed Schedule E payment in certain casesU.K.

12U.K.F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Sch. 12 paras. 1-16, 19-24 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 8 Pt. 1 (with Sch. 7)

Relief in case of distributions by intermediaryU.K.

13U.K.F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2Sch. 12 paras. 1-16, 19-24 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 8 Pt. 1 (with Sch. 7)

Provisions applicable to multiple intermediariesU.K.

14U.K.F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3Sch. 12 paras. 1-16, 19-24 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 8 Pt. 1 (with Sch. 7)

Multiple intermediaries: avoidance of double-countingU.K.

15U.K.F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Sch. 12 paras. 1-16, 19-24 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 8 Pt. 1 (with Sch. 7)

Multiple intermediaries: joint and several liability for PAYE deductionsU.K.

16U.K.F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5Sch. 12 paras. 1-16, 19-24 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 8 Pt. 1 (with Sch. 7)

Calculation of profits of intermediary: deduction for deemed Schedule E paymentU.K.

17(1)In calculating for tax purposes the profits of a business carried on by an intermediary that is treated as making in connection with that business a [F6deemed employment payment] , a deduction is allowed for—U.K.

(a)the amount of the payment, and

(b)the amount of any employer’s national insurance contributions paid by the intermediary in respect of it.

(2)The deduction allowed by this paragraph must be taken into account for the period of account in which the [F6deemed employment payment] payment is treated as made.

(3)No deduction in respect of the matters mentioned in sub-paragraph (1) may be made except in accordance with this paragraph.

[F7(4)In this paragraph and paragraph 18 expressions that are also used in Chapter 8 of Part 2 of the Income Tax (Earnings and Pensions) Act 2003 have the same meaning as in that Chapter.]

Textual Amendments

F6Words in Sch. 12 para, 17 substituted (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 para. 244(2)(a) (with Sch. 7)

F7Sch. 12 para. 17(4) inserted (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 para. 244(2)(b) (with Sch. 7)

Calculation of profits of intermediary: special rules for partnershipsU.K.

18(1)The following provisions apply in calculating for tax purposes the profits of a business carried on by a partnership that is treated as making in connection with that business a [F8deemed employment payment] .U.K.

(2)The amount of the deduction allowed under paragraph 17 is limited to the amount that reduces the profits of the partnership for the tax year to nil.

(3)To the extent that in any tax year the expenses of the partnership in connection with the relevant engagements exceed the sum of—

[F9(a)the amount that, in calculating the deemed [F10the employment income Parts of the Income Tax (Earnings and Pensions) Act 2003] payment, is deducted under Step Three of the calculation in paragraph 7, and]

(b)5% of the amount taken into account in Step One of the calculation in paragraph 7 as the intermediary’s receipts in respect of the relevant engagements,

they shall be left out of account in calculating the profits of the business.

Textual Amendments

F8Words in Sch. 12 para. 18(1) substituted (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 para. 244(3)(a) (with Sch. 7)

F9Sch. 12 Pt. III para. 18(3)(a) substituted (24.7.2002 with effect as mentioned in s. 38(5) of the amending Act) by 2002 c. 23, s. 38(4)(5)

F10Words in Sch. 12 para. 18(3)(a) substituted (with effect in accordance with s. 723(1)(a)(b) of the amending Act) for the words "Schedule E" by virtue of Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 6 para. 244(3)(b) (with Sch. 7)

Meaning of “associate"U.K.

19U.K.F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11Sch. 12 paras. 1-16, 19-24 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 8 Pt. 1 (with Sch. 7)

Meaning of “the Inland Revenue"U.K.

20U.K.F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12Sch. 12 paras. 1-16, 19-24 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 8 Pt. 1 (with Sch. 7)

InterpretationU.K.

21U.K.F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F13Sch. 12 paras. 1-16, 19-24 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 8 Pt. 1 (with Sch. 7)

Transitional provisions: generalU.K.

22U.K.F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14Sch. 12 paras. 1-16, 19-24 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 8 Pt. 1 (with Sch. 7)

Transitional provisions: deemed discontinuance of businessU.K.

23U.K.F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15Sch. 12 paras. 1-16, 19-24 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 8 Pt. 1 (with Sch. 7)

Saving for provisions relating to agency workersU.K.

24U.K.F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16Sch. 12 paras. 1-16, 19-24 repealed (with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), Sch. 8 Pt. 1 (with Sch. 7)