Service Company Question in Personal Self assessment

[rqo]

Apologies if I've missed this.

I know it wasn't compulsory to answer the service company question on the 2011/2012 self assessment, and it appears that it will be compulsory on the 2013/2014 SA, but I'm not clear if it is compulsory on the 2012/2013 SA?

[7specialgems]

Apologies if I've missed this.

I know it wasn't compulsory to answer the service company question on the 2011/2012 self assessment, and it appears that it will be compulsory on the 2013/2014 SA, but I'm not clear if it is compulsory on the 2012/2013 SA?

It's not clear that it is and it is not clear that it isn't.

You're only liable to pay costs if your miscompletion of a form leads to a mispayment in tax.

If you're a what HMRC calls PSC outside of IR35 then you've surely paid yourself minimal salary and high dividends - so irrespective of whether or not you tick that box, those numbers would be "wrong" if it was for whatever reason retrospectively decided that you were inside IR35.

So with that in mind - don't fret about it.

My personal advice is - see what you ticked on last year's P35 and give the same answer on this document, so that there is some consistency.

Different shareholders will answer that question differently based on their personal relationship to the company. For example, if you're the company's breadwinner and 99.9% of its income comes from you, you might feel like it is your PSC.

But if your partner is a shareholder, they might not feel like it is theirs...

[rqo]

It's not clear that it is and it is not clear that it isn't.

You're only liable to pay costs if your miscompletion of a form leads to a mispayment in tax.

If you're a what HMRC calls PSC outside of IR35 then you've surely paid yourself minimal salary and high dividends - so irrespective of whether or not you tick that box, those numbers would be "wrong" if it was for whatever reason retrospectively decided that you were inside IR35.

So with that in mind - don't fret about it.

My personal advice is - see what you ticked on last year's P35 and give the same answer on this document, so that there is some consistency.

Different shareholders will answer that question differently based on their personal relationship to the company. For example, if you're the company's breadwinner and 99.9% of its income comes from you, you might feel like it is your PSC.

But if your partner is a shareholder, they might not feel like it is theirs...

Thankyou, that's very useful.

[The Spartan]

I spoke to my accountant at Intouch about this last night as I had to provide a declaration for PAYE 13/14 and she told me that I have to answer yes to being a PSC on both this and my self assessment 13/14, slightly annoyed to be honest about it as though I provide services it doesn't have to be me that delivers them.

[Contreras]

This thread dates back originally to 2009 and may now contain out of date or misleading advice.

I have started a new thread here specifically for the RTI question.