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[F18C(1)Where—U.K.
(a)the company and the staff provider are connected persons, and
(b)in accordance with generally accepted accounting practice—
(i)the whole of the staff provision payment has been brought into account in determining the staff provider’s profit or loss for a relevant period, and
(ii)all of the staff provider’s relevant expenditure has been so brought into account,
the whole of the payment (up to the amount of the staff provider’s relevant expenditure) is qualifying expenditure on externally provided workers.
(2)In sub-paragraph (1)—
(a)references to the “relevant expenditure” of the staff provider are to expenditure that—
(i)is incurred by the staff provider in providing for the company the externally provided workers to which the staff provision payment relates,
(ii)is not of a capital nature, and
(iii)is incurred on staffing costs or agency workers' remuneration;
(b)a “relevant period” means a period—
(i)for which accounts are drawn up for the staff provider, and
(ii)that ends not more than twelve months after the end of the company’s period of account in which the staff provision payment is, in accordance with generally accepted accounting practice, brought into account in determining the company’s profit or loss.
(3)Paragraph 5 (staffing costs) applies for the purposes of determining whether the staff provider’s expenditure meets the requirements of sub-paragraph (2)(a)(iii) so far as relating to staffing costs.
For this purpose the references in that paragraph to a company shall be read as references to the staff provider.
(4)For the purposes of this Schedule “agency workers' remuneration”, in the case of any person who is an externally provided worker in relation to the company, means remuneration receivable by the worker under or in consequence of the contract mentioned in paragraph 8B(f)—
(a)that does not constitute employment income of the worker apart from Chapter 7 of Part 2 of the Income Tax (Earnings and Pensions) Act 2003 (application of provisions to agency workers), and
(b)that is not, apart from section 134 of the Taxes Act 1988 (workers supplied by agencies), chargeable to income tax under Schedule E.
(5)Any apportionment of expenditure of the company or the staff provider necessary for the purposes of this paragraph shall be made on a just and reasonable basis.]
Textual Amendments
F1Sch. 20 paras. 8A-8E and cross-headings inserted (10.7.2003) (with effect in accordance with s. 168(4)(c) of the amending Act) by Finance Act 2003 (c. 14), Sch. 31 para. 6
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