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Home / Simons-Taxes /Personal and employment tax /Part E4 Employment income /Division E4.10 Provision of services through an intermediary (IR35) /The deemed employment payment / E4.1012 Step one—payments and benefits
Commentary

E4.1012 Step one—payments and benefits

Personal and employment tax

Step one is to take all payments and other benefits received by the intermediary in that year from engagements which are within IR35, and then deduct 5%.

The 5% is a purely notional figure intended to cover administrative and similar expenses. It is given automatically irrespective of actual costs incurred. This aspect of the provisions has been much criticised, on the basis that it does not give tax relief for training and similar expenses. Other than this 5% deduction, no other deduction for expenses is permitted apart from the restricted amounts at steps three and four. It should be noted that the 5% deduction is only relevant for the purposes of the deemed calculation; it cannot be deducted when working out the intermediary's taxable profits.

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