A body corporate or partnership which satisfies all of the following conditions:
  • Its business consists wholly or mainly of providing (directly or indirectly) the services of individuals to other persons.
  • Payments equal to all or the greater part of the consideration for the provision of the services are made (directly or indirectly) to the individual (or their associate).
  • The way in which the payments are made would (if not for the MSC legislation) result in the individual receiving a higher amount than if the payments were taxed as employment income of the individual.
  • A person who carries on a business of promoting or facilitating the use of companies to provide the services of individuals (a MSC provider) is involved with the company.