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When is a director also a consultant?

Question:

Can a company director also be a specialist consultant for the company? 

Arthur Weller replies:  

Until recently, HMRC accepted that this was permissible. On the January 2020 archived page of HMRC’s Employment Related Securities Manual at ESM4022, it states: "It is perfectly possible for an employee or a director of a company to provide services quite legitimately to that company in a separate capacity. For example, the individual could be carrying on an established business as a solicitor, estate agent, accountant or some sort of consultant whereby services are supplied to the company on terms similar to those given to other customers.’ However, on the current version of ESM4022, it states: ‘This guidance has been withdrawn.’ 

Can a company director also be a specialist consultant for the company? 

Arthur Weller replies:  

Until recently, HMRC accepted that this was permissible. On the January 2020 archived page of

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This question was first printed in Business Tax Insider in April 2023.