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Service Companies question in 2011 Personal Tax Assessment

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    #31
    Originally posted by LisaContractorUmbrella View Post
    I don't think that a single person Ltd Co. can possibly be caught under the MSC legislation, even with the new definitions, simply because I cannot see how you would ever be termed an 'intermediary' - you will be personally supplying your services direct to the client. I think that HMR&C have expanded the scope of the legislation so that they can cover all the little rascals who have consulted 'leading QC's' in order that they can promise '90% take home pay'; there are many different types of schemes that have been set up and it would be impossible to legislate against all of them but the MSC legislation is all encompassing and has the added bonus of debt transfer which would usually be enough to make agencies run a mile.
    I'm not quite sure on the term intermediary in relation to MSC either, but if it was in point, then is it not your own company that fulfils that role. You are not providing your services personally to the client, you are supplying those services through your company.

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      #32
      Originally posted by Taxless View Post
      I'm not quite sure on the term intermediary in relation to MSC either, but if it was in point, then is it not your own company that fulfils that role. You are not providing your services personally to the client, you are supplying those services through your company.
      But it is still B2B with the Ltd company being responsible for its own taxation - there is no other company involved i.e. an intermediary
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        #33
        Contracting through an intermediary

        Originally posted by LisaContractorUmbrella View Post
        But it is still B2B with the Ltd company being responsible for its own taxation - there is no other company involved i.e. an intermediary
        As an IT consultant, I work on client sites on contracts that are arranged by a variety of intermediary recruitment agencies. They set up a contract between my one man band limited company and themselves. There is no contract between my company and the end client.

        Hence, I am arguing that my contracts aren't providing services through a service company as there is no contract between the client and my company.

        So, the involvement of an intermediary is crucial.

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          #34
          Originally posted by geoffreywhereveryoumaybe View Post
          As an IT consultant, I work on client sites on contracts that are arranged by a variety of intermediary recruitment agencies. They set up a contract between my one man band limited company and themselves. There is no contract between my company and the end client.

          Hence, I am arguing that my contracts aren't providing services through a service company as there is no contract between the client and my company.

          So, the involvement of an intermediary is crucial.
          The MSC legislation is referring to an intermediary who would be arranging payment in some way rather than to an agency whose only responsibility is to find you a contract
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            #35
            Maybe someone should ask HMRC for a clarification of their clarifications. May as well send in a request for a clarification of the clarification of their clarifications at the same time, bound to need it.
            bloggoth

            If everything isn't black and white, I say, 'Why the hell not?'
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              #36
              Originally posted by xoggoth View Post
              Maybe someone should ask HMRC for a clarification of their clarifications. May as well send in a request for a clarification of the clarification of their clarifications at the same time, bound to need it.
              Funnily enough we have just had that with the AWR legislation - that came out and we all read it, then they published guidance, then final guidance and then final, final guidance; makes you wonder why they can't just make it clear in the first place
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                #37
                Sorry, but as the UK tax system gets ever more convoluted (what ever happened to the Tories and the office of tax simplification???) more and more clarifications of clarifications will be required for evermore. Frankly, the entire system is now not fit for purpose and should be scrapped.
                Public Service Posting by the BBC - Bloggs Bulls**t Corp.
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                  #38
                  Originally posted by Fred Bloggs View Post
                  Sorry, but as the UK tax system gets ever more convoluted (what ever happened to the Tories and the office of tax simplification???) more and more clarifications of clarifications will be required for evermore. Frankly, the entire system is now not fit for purpose and should be scrapped.
                  If they did that they would get rid of the tax loop holes that people like us use to our advantage.
                  "You’re just a bad memory who doesn’t know when to go away" JR

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                    #39
                    Originally posted by SueEllen View Post
                    If they did that they would get rid of the tax loop holes that people like us use to our advantage.
                    Yet in a modern, sensible (much more flat) tax system there should be no need to have loopholes to exploit. Another agument, I know, but I am increasingly convinced that the UK taxation system is unfit for purpose.
                    Public Service Posting by the BBC - Bloggs Bulls**t Corp.
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                      #40
                      Originally posted by Fred Bloggs View Post
                      Yet in a modern, sensible (much more flat) tax system there should be no need to have loopholes to exploit. Another agument, I know, but I am increasingly convinced that the UK taxation system is unfit for purpose.
                      Ah but in whose interests would it be to simplify the tax system??
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