Although the legislation on managed service companies (MSCs) at ITEPA 2003 Part 2 Chapter 9 has been in force since 2007, the first case did not come before the First-tier Tribunal until 2016. In Christianuyi Ltd and others v HMRC, the Upper Tribunal (UT) set out to determine whether Costelloe Business Services Ltd was an ‘MSC provider’; and, if so, whether it was ‘involved’ with the companies that used its services, examining in detail three of the sub-headings under ITEPA 2003 s 61B(2). HMRC’s victory is not at all surprising, but the observations of the UT warrant close examination by anyone involved in advising in this area.
Although the legislation on managed service companies (MSCs) at ITEPA 2003 Part 2 Chapter 9 has been in force since 2007, the first case did not come before the First-tier Tribunal until 2016. In Christianuyi Ltd and others v HMRC, the Upper Tribunal (UT) set out to determine whether Costelloe Business Services Ltd was an ‘MSC provider’; and, if so, whether it was ‘involved’ with the companies that used its services, examining in detail three of the sub-headings under ITEPA 2003 s 61B(2). HMRC’s victory is not at all surprising, but the observations of the UT warrant close examination by anyone involved in advising in this area.