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HMRC internal manual

Employment Status Manual

Conditions of liability: Introduction

Paragraph 3, 4 and 5 Schedule 12 Finance Act 2000/Sections 51, 52 and 53 Chapter 8 ITEPA 2003

Regulation 5 SI 2000 No. 727

The legislation will only apply where the intermediary satisfies specific conditions of liability. This section contains detailed guidance on those conditions, which will vary depending on whether the intermediary is:

  • a company, see ESM8045
  • a partnership, see ESM8055
  • an individual, see ESM8060

If the conditions of liability are not met then a deemed payment is not treated as being made.