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Off-payroll working exemption for small businesses

21 April 2020 / Emma Rawson
Issue: 4740 / Categories: Comment & Analysis
19477
Growing and shrinking pains

Key points

  • The small business exemption concerns the size of the client.
  • Companies Act 2006 s 382 contains the key tests on whether a company is considered small.
  • The company must be small for two consecutive years to meet the exemption.
  • Checks will be needed every tax year to decide whether a company is eligible for the exemption.

The introduction of the new off-payroll working rules for the private sector has been delayed by 12 months until April 2021 – a sensible move given the uncertain times we live in.

As a result of the Covid-19 crisis many businesses are likely to be smaller by April 2021 than they were at the start of 2020. The off-payroll rules do contain an exemption for small businesses but it should not be assumed that those that shrink in this way will be...

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