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Definition of an MSC
A MSC is a company that does ALL of the following:| Criteria | Introduced in Draft | Introduced in Proposed | |
| 1: | Provides services of individuals to other persons | Here | |
| 2: | Makes payments to those individuals | Here | |
| 3: |
Makes payments exceeding what the individual would have received if it had been employment income. Takes PAYE umbrellas out of scope |
Here | |
| 4: |
Is a person who promotes and facilitates the provision of services and is involved in the running of the company. This is intended to single out the scheme provider as distinct from other companies providing services. |
Here |
'Involvement' in the sense of (4) entails ONE of the following:
- the provider benefits financially on an ongoing basis from the provision of services
- the provider influences or controls the provision of services
- the provider influences or controls the payments to individuals
- the provider influences or controls the company's finances or activities
- the provider gives an undertaking to make good any tax loss.
