IR35: Computation - Question 13  

Will I be taxed twice if my Personal Service Company does not pay me a salary until after the end of the tax year?

Where an IR35 deemed payments arises, the worker receives nothing from the intermediary. Subsequently he or she may wish to draw money from the intermediary. Should the money be paid out as a salary then the normal Income Tax and NICs liabilities will arise on that amount. Any salary paid in a later year will reduce the amount of the IR35 deemed payment in the year it is paid.

In order to avoid double taxation of the IR35 deemed payment, the legislation provides for a distribution to be made up to the amount of the deemed payment without additional liability arising.

Please also see the Revenue's letter dated 24 August 2000, which can be found on this website in response to an article in Taxation magazine on this issue.