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Rewriting the script?

15 March 2011 / Anne Redston
Issue: 4296 / Categories: Comment & Analysis , ITV , Employees , Income Tax
Which entertainers are deemed to be employees for NIC purposes? ANNE REDSTON reviews the ITV case

KEY POINTS

  • HMRC’s application of the ITV decision.
  • First-tier Tribunal decisions are not binding.
  • The regulatory definition of salary.
  • The time for which work has been performed.
  • What if invoices are not issued regularly?

All the world’s a stage and we all have roles to play. In status terms some of us are employed some self-employed; but professional entertainers are singled out for special treatment – they are usually self-employed for tax but may be deemed employees for National Insurance contributions.

A recent First-tier Tribunal case ITV v HMRC [2010] UKFTT 586 (TC) held that most actors fall within these NIC deeming provisions.

When I read the ITV decision I was worried – a key factor appeared to be missing from the information considered by the...

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