Application of the NICs rules: annual earnings periods
Regulation 8(2) SI 2000 No. 727
Where the intermediary is a partnership then Class 2 and Class 4 NICs may be due, in addition to any Class 1 NICs in respect of the deemed payment.
Class 4 NICs will only be due if there are any taxable Trading Income profits remaining after deducting the deemed payment.
Class 2 NICs will be due even if there are no taxable Trading Income profits.
It is important to bear in mind the maximum total Class 2 and employee’s Class 1 NICs in working out the overall liability.
The amount of Class 1 NICs due on the deemed payment is calculated using an annual earnings period, irrespective of the fact that the partners are not directors. See example ESM8345.