Page 60 - P6 Slide Taxation - Lecture Day 7 - Various Topics
P. 60

Personal service providers








          • A client of a company or trust which might be a personal service

               provider will know whether requirement (a) or (b) are met. This is
               not the case with requirement (c).

          •     The company or trust might therefore supply the client with an

               affidavit stating that no more than 80% of the income was received

               from one client (or associated institution) (par 2(1A)).

          • The client may then bona fide  trust the affidavit and therefore not

               withhold any employees’ tax.

          •     A company or trust is excluded from the definition of a personal

               service provider where, throughout the year of assessment, three
               or more employees who are on a full-time basis engaged in the

               business of such company or trust are employed.

          • These employees may not be holders of shares in the company or a

               settlor or beneficiary of the trust or be a connected person in

               relation to that person.



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