Is previous tax paid taken into account on an IR35 assessment?

[Paralytic]

Re. HRMC accepting previously paid corporation tax offsetting any future IR35 personal tax bill, note the footnote on the home page article on this site:


(my bolding)

HMRC scrapes IR35 win against BBC presenter trio who owe GBP920,000

Editor's Note: It is understood that the presenters do not owe £920,000 in practice, although this was the figure HMRC was pursuing. Two-thirds of this sum has been paid (largely in the form of corporation tax which the presenters will now get back), and most of the remainder is Employer's NICs. Meanwhile, a figure between £200,000 and £300,000 has reportedly been settled on and agreed by the presenters. This figure is that which the BBC has signalled its intention to help the presenters pay.

There's also comments on this article

Three BBC presenters lose IR35 case | AccountingWEB

An iterative calculation is then needed to calculate the employers' NI plus salary from which income tax plus employees' NI is deducted. So the contractor is liable for income tax plus a total of 25.8% NI reducing to 15.8% as salary is increased. Any corporation tax paid is deducted from assessments. Interest on monies owed to HMRC is also payable and liable to be substantive.

"With it being a Ltd company, any profit after payroll and other tax deductible expenditure would be taxed at corporation rates - will they get that back as an offset?"
Yes.

Not the same, but I also found this interesting BBC memo from back in March detailing how they're approaching cases where the enforced people to work via a PSC

BBC - Update on HMRC discussions - Media Centre

We have put in place a set of principles we intend to use to ensure fairness and consistency in how we calculate our contribution to any outstanding amounts sought by HMRC. These would apply either to an overall settlement with HMRC or resolving individual cases where presenters are being investigated. This will include covering the difference between the PAYE and National Insurance contributions due from the PSC on BBC income under IR35 and the corporation tax payable by the PSC and dividend tax payable by the shareholders of the PSC on BBC income. It will not cover any income tax the PSC has yet to pay out on BBC fees as a result of its own tax planning.

Nothing conclusive, but there's certainly some talk of already paid CT being taken into account.

[BlueSharp]

Snip..

Thanks for that it looks very informative and positive. For those who income split as well I guess it becomes even more complex as a refund is due on a spouses self-assessment.

If HMRC charge interest on money owed does that mean interest is due on the corporation & div tax already paid or would a settlement be reached where interest is due on the difference?