MSC legislation was introduced in 2007 to close down the loophole whereby an individual could join a standardised scheme and benefit from limited company tax treatment despite not in substance running  their own company.

Taking advice from an accountant will not make your company an MSC.

In essence, the way to avoid the consequences of this legislation is to ensure that you are substantively involved in running your own limited company.   HMRC set some tests which determine whether your company is an MSC:

  1. Does another company/individual have control over the company’s bank account?
  2. Does someone else control invoicing
  3. Does someone else market your services

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