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Film and Television Companies Warned to Take Advantage of an Opportunity to Change HMRC's Industry Guidelines

HM Revenue & Customs (HMRC) will soon be revising the existing guidelines governing tax status and expenses for self-employed workers in the media sector. This is an opportunity to influence the process that will not happen again for some time warns leading business and financial advisors, Grant Thornton UK LLP.

As the landscape of film and television has dramatically changed since the current guidelines were issued in 2003, the proposed revisions will see new roles, such as Digital Set Designer, added to the self-employed list. It is also possible that pre-existing roles will be removed from the guidelines, altering the corresponding tax status.

Liz Brion, media partner at Grant Thornton says; "Companies should look critically at the revisions proposed by HMRC and be aware of the impact of any changes to the tax status of the grades they regularly use. We advise companies to take the opportunity to lobby HMRC in advance of the changes coming into force, for the inclusion of additional new grades or for any changes needed to the current qualifications and descriptions that will affect a worker's tax status.

"A lot has changed in the media industry since 2003, particularly in film and television and therefore changes to the guidelines have become necessary. We hope the revisions will improve the way these guidelines are applied in practice," she continued.

Although the specific date has yet to be confirmed, HMRC plans to formally update the 2003 guidelines in the spring (2010). Time is therefore running out for  industry bodies and companies, that have not already done so to petition for the inclusion of any changes.

According to HMRC's system, in order to be classed as self-employed, workers must adhere to overall requirements together with those specific to the grade. These include a contract that runs only for a one-off production such as a feature film, single drama or documentary or a contract that lasts for less than 9 months on a series or a specific programme.

The new guidelines also include a proposed change to expense payments. HMRC is proposing that the industry rates the sector currently enjoys will be phased out. Instead, the rates applicable to all employers regardless of industry will be used unless a company has negotiated a specific rate.

 

Details of the expense rates and a breakdown of all roles currently exempt from PAYE can be found on HMRC's Website

 

ENDS

For further information, please contact: Nicola Daley, Grant Thornton Press Office: 020 7728 2244. email: nicola.daley@gtuk.com