ESM3000 - Table of contents

Introduction

ESM3000Layout of guidance notes
ESM3001Readership
ESM3002Table of contents
ESM3010Introduction: summary of the legislation
ESM3011Introduction: the position before 6 April 2000
ESM3012Introduction: the position after 6 April 2000
ESM3015Introduction: key terms

Basic Principles

ESM3030Basic principles: introduction
ESM3031Basic principles: how to work out when the legislation applies
ESM3032Basic principles: how to work out when the legislation applies - flowchart
ESM3033Basic principles: how to work out when the legislation applies - example
ESM3034Basic principles: what happens when there is a relevant engagement
ESM3035Basic principles: what happens when there is a relevant engagement - example
ESM3036Basic principles: how to work out whether a deemed payment is treated as paid – flowchart
ESM3040Basic principles: domestic workers
ESM3050Basic Principles: meaning of “the client”

Conditions of liability

ESM3100Conditions of liability: introduction
ESM3105Conditions of liability: where the intermediary is a company
ESM3106Conditions of liability: where the intermediary is a company and the worker does not have a material interest
ESM3107Conditions of liability: where the intermediary is a company and the worker does not have a material interest - example
ESM3108Conditions of liability: where the intermediary is a company – exception where the client is an associated company of the intermediary
ESM3109Conditions of liability: where the intermediary is a company - flowchart
ESM3115Conditions of liability: where the intermediary is a partnership
ESM3116Conditions of liability: where the intermediary is a partnership - flowchart
ESM3120Conditions of liability: where the intermediary is an individual
ESM3125Conditions of liability: definition of associate
ESM3126Conditions of liability: where the client is a private client
ESM3130Conditions of liability – liability for NICs – client abroad
ESM3131Conditions of liability – liability for NICs – client in European Economic Area
ESM3132Conditions of liability – liability for NICs – client in a country with a Reciprocal Agreement with the United Kingdom
ESM3133Conditions of liability – liability for NICs – rest of the world

The deemed payment

ESM3140The deemed payment: introduction
ESM3145How to calculate the deemed payment
ESM3146How to calculate the deemed payment: step by step guide
ESM3147How to calculate the deemed payment: example
ESM3148How to calculate the deemed payment: example using step by step guide
ESM3150How to work out the deemed payment where there is more than one worker
ESM3151How to work out the deemed payment where there is more than one worker - example
ESM3155How to work out the deemed payment where the intermediary has income that is not from relevant engagements
ESM3156How to work out the deemed payment where the intermediary has income that is not from relevant engagements - example
ESM3160How to work out the deemed payment: Step One
ESM3161How to work out the deemed payment: Step Two
ESM3162How to work out the deemed payment: Step Three
ESM3163How to work out the deemed payment: Step Four
ESM3164How to work out the deemed payment: Step Five
ESM3165How to work out the deemed payment: Step Six
ESM3166How to work out the deemed payment: Step Seven
ESM3167How to work out the deemed payment: Step Seven - example of deduction given at Step Three for which no deduction given at Step Seven
ESM3169How to work out the deemed payment: Step Eight
ESM3170How to work out the deemed payment: Step Eight - example
ESM3171How to work out the deemed payment: Step Eight – step by step guide
ESM3172How to work out the deemed payment: Step Eight – example using step by step guide
ESM3180How to work out the deemed payment: when the deemed payment arises
ESM3181How to account for the deemed payment
ESM3182How to account for the deemed payment: settling the liability
ESM3183How to account for the deemed payment: settling the liability –
in-year event
ESM3190How to work out the deemed payment: transitional rules
ESM3200How to work out the taxable profits of the intermediary
ESM3201How to work out the taxable profits of the intermediary: special rules for partnerships
ESM3202How to work out the taxable profits of the intermediary: company example
ESM3203How to work out the profits of the intermediary: partnership example – accounts made up to 5 April
ESM3204How to work out the profits of the intermediary: partnership example – accounts made up to a date other than 5 April

Application of the tax and NICs rules

ESM3210Application of the tax and NICs rules: introduction
ESM3220Application of the tax rules: residence of worker
ESM3221Application of the tax rules: benefits in kind
ESM3222Application of the tax rules: benefits in kind – cars
ESM3223Application of the tax rules: benefits in kind – cars - example
ESM3224Application of the tax rules: travel expenses
ESM3225Application of the tax rules: travel expenses – example
ESM3230Application of the NICs rules: partnerships
ESM3231Application of the NICs rules: partnerships – example
ESM3232Application of the NICs rules: application of the NICs rules - annual earnings period - example

Particular issues

ESM3250Particular issues: introduction
ESM3260Particular issues: avoidance of double taxation
ESM3261Particular issues: foreign entertainers
ESM3262Particular issues: treatment of payments made under construction industry scheme
ESM3263Particular issues: multiple intermediaries
ESM3264Particular issues: partnership basis periods – transitional rules
ESM3265Particular issues: relief for overseas tax
ESM3266Particular issues: receipts basis
ESM3267Particular issues: interaction with the agency legislation
ESM3268Particular issues: offices
ESM3269Particular issues - Extra Statutory Concession C32 – interest relief for companies with Construction Industry Scheme (CIS) deductions - general
ESM3270Particular issues - Extra Statutory Concession C32 – interest relief for companies with Construction Industry Scheme (CIS) deductions – how to handle claims
ESM3271Particular issues - Extra Statutory Concession C32 – interest relief for companies with Construction Industry Scheme (CIS) deductions – text of ESC C32
ESM3272Particular issues – claims for relief in respect of dividends – claims procedure
ESM3273Particular issues – claims for relief in respect of dividends – how to handle claims

Opinions on contracts

ESM3280Opinions on contracts: introduction
ESM3281Opinions on contracts: the basic process
ESM3282Opinions on contracts: the basic process - flowchart - the IR35 Unit role
ESM3283Opinions on contracts: the basic process - flowchart - the local IR35 Inspector role
ESM3284Opinions on contracts: general
ESM3287Opinions on contracts: standard agency contracts
ESM3288Opinions on contracts: oral contracts
ESM3289Opinions on contracts: draft contracts
ESM3291Opinions on contracts: model letters
ESM3294Opinions on contracts: what to do where an opinion is disputed
ESM3295Opinions on contracts: what to do where an opinion is disputed – obtaining further information
ESM3296Opinions on contracts: formal decisions and rights of appeal
ESM3297Opinions on contracts: wording of Section 8 Decision (legislation applies)
ESM3298Opinions on contracts: wording of Section 8 Decision (legislation does not apply)
ESM3299Opinions on contracts: engagement covered by the legislation – model letter
ESM3300Opinions on contracts: engagement not covered by the legislation – model letter
ESM3310Opinions on contracts: Case studies - tax bulletin article
ESM3311Opinions on contracts; Case studies – Example 1 – “Gordon”
ESM3312Opinions on contracts; Case studies – Example 2 – “Henry”
ESM3313Opinions on contracts; Case studies – Example 3 – “Charlotte”

Employer compliance reviews and requests for formal section 8 decisions

ESM3315Formal S.8 Decisions: employer compliance reviews and requests for formal decisions
ESM3316Formal S.8 Decisions: employer compliance reviews and requests for formal decisions - the wording of the Decision

Considering the evidence

ESM3320Considering the evidence: general
ESM3325Considering the evidence: contracts
ESM3330Considering the evidence: what happens in practice
ESM3335Considering the evidence: the evidence of the client
ESM3340Considering the evidence: mutuality of obligation
ESM3345Considering the evidence: personal service
ESM3350Considering the evidence: substitution clauses
ESM3355Considering the evidence: ineffective or sham substitution clauses
ESM3360Considering the evidence: effective substitution clauses
ESM3370Considering the evidence: mutual intention
ESM3380Considering the evidence: multiple engagements

Miscellaneous points

ESM3400Other sources of information
ESM3410Guidance for members of the public