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7 changes: 7 additions & 0 deletions changelog.d/1948.added.md
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- Universal Credit now applies regulation 77 to a person who stands as sole owner or partner of a company carrying on a trade or property business.
- The company's income counts as their self-employed earnings on top of any pay from it. A loss counts as nil.
- The earnings count towards the benefit cap earnings exemption.
- The minimum income floor applies when the trade is their main employment.
- The company's capital replaces the value of their shares. Trade assets are disregarded while they work in the trade. In households with several benefit units, the shares leave the household's capital before it is shared out.
- The intermediaries (IR35) exclusion follows reg. 77(5) as in force: Chapters 8 and 9 of ITEPA Part 2 until 27 November 2018, and Chapters 8 to 10 from main-employment activities from 28 November 2018.
- New `owned_company_*` inputs describe the company. Every input defaults to no such company, so existing datasets are unchanged.
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description: >
Chapters of Part 2 of the Income Tax (Earnings and Pensions) Act 2003 under
which employed earnings from a company take the person out of Universal
Credit's company owner rule. Chapter 10 was added from 28 November 2018.
Annual simulations use the rule in force at the start of each tax year, so
the 2018-19 tax year uses the earlier rule throughout.
metadata:
label: Universal Credit company owner rule excluded intermediary chapters
period: year
unit: list
reference:
- title: The Universal Credit Regulations 2013 reg. 77(5) (as made)
href: https://www.legislation.gov.uk/uksi/2013/376/regulation/77/made
- title: The Universal Credit and Jobseeker's Allowance (Miscellaneous Amendments) Regulations 2018 reg. 3(5)
href: https://www.legislation.gov.uk/uksi/2018/1129/regulation/3/made
- title: The Universal Credit and Jobseeker's Allowance (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 reg. 3(7)
href: https://www.legislation.gov.uk/nisr/2018/187/regulation/3/made
- title: The Universal Credit Regulations 2013 reg. 77(5)
href: https://www.legislation.gov.uk/uksi/2013/376/regulation/77
values:
2013-04-29:
- CHAPTER_8
- CHAPTER_9
2018-11-28:
- CHAPTER_8
- CHAPTER_9
- CHAPTER_10
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description: >
Whether employed earnings under the intermediaries rules take the person out
of Universal Credit's company owner rule only when they derive from the
person's main employment. As made, any such earnings did; from 28 November
2018 only those derived from activities that are the person's main
employment do.
Annual simulations use the rule in force at the start of each tax year, so
the 2018-19 tax year uses the earlier rule throughout.
metadata:
label: Universal Credit company owner intermediary exclusion requires main employment
period: year
unit: bool
reference:
- title: The Universal Credit Regulations 2013 reg. 77(5) (as made)
href: https://www.legislation.gov.uk/uksi/2013/376/regulation/77/made
- title: The Universal Credit and Jobseeker's Allowance (Miscellaneous Amendments) Regulations 2018 reg. 3(5)
href: https://www.legislation.gov.uk/uksi/2018/1129/regulation/3/made
- title: The Universal Credit and Jobseeker's Allowance (Miscellaneous Amendments) Regulations (Northern Ireland) 2018 reg. 3(7)
href: https://www.legislation.gov.uk/nisr/2018/187/regulation/3/made
values:
2013-04-29: false
2018-11-28: true
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