audit and compliance conference setting the standards crawford temple professional passport what’s...

Audit and Compliance ConferenceSETTING THE STANDARDS

Crawford TempleProfessional Passport

What’s in a name?


Professional Passport

• Largest Independent Specialist Compliance Assessor• 20 Approved Umbrella Companies• 14 Approved Accountancy Service Providers

• We provide the ‘due diligence’ appeal for our Recruitment Company members

• Our Recruitment Company members have £5,000,000 insurance against MSC Debt Transfer Liabilities

• Recruitment Company members can provide their contractors free access to our website


Professional Passport Jobs

• Circa 20,000 active jobs

• Tens of thousands of applications to recruiters every month

• Paid for job sites now put their jobs on the site to benefit from our traffic volumes

• Linked with all the main multi-posters

• FREE for recruitment companies to post


What’s in a name?


Onshore and Offshore Employment Intermediaries Summary

What is an umbrella

Planning and Actions


Offshore Employment Intermediaries Consultation

Key Facts

• Final details are still to be confirmed

• Recruitment Companies will be held liable for tax if they supply workers who use offshore arrangements

• Significant reporting requirements placed on recruitment companies


Onshore Employment Intermediaries Consultation

Key Facts

• Final details are still to be confirmed

• Recruitment Companies will be held liable for tax if they supply self-employed workers who are not self-employed

• Significant reporting requirements placed on recruitment companies


Offshore and Onshore Employment Intermediaries Consultation

HMRC has confirmed that:

• The final legislation will make it clear that Umbrella Companies and PSC’s are outside the scope of the legislation

• There will be an appeals process where ‘due diligence’ can be demonstrated



Conclusions

• Recruitment Companies need to know how their workers are operating

• Cannot rely on light-weight questionnaires• Ignore company assurances and examine the facts

• Evidence your ‘due diligence’ process

• Build systems to meet reporting requirements


What’s in a name?• Many generic labels are given to intermediaries

• Umbrella

• Pay day by pay day model

• Personal Tax Relief model

• Personal Service Umbrella

• One Man Umbrella

• Self-Employed Payment Intermediary

• Employment Intermediary

• What is important are the facts of the arrangement

HMRC will always consider the actual facts of the arrangements NOT the model/scheme the company says it is operating


HMRC does NOT kite-mark schemes and does NOT provide

generic advice that a ‘scheme’ or ‘model’ is compliant

• Common claims of compliance• We have leading counsel’s opinion

• HMRC has agreed our model is compliant

• HMRC will not pursue you or your end client for arrears should they arise

• Bold statements by the promoters are no guarantee

You must know the facts and demonstrate the steps you took to establish them

Buyer Beware!


Umbrella Definition

An umbrella company is a company that employs workers on an overarching employment contract to be engaged at a series of temporary workplaces through a range of temporary assignments.

All payments have full PAYE applied and are subject to the National Minimum Wage.


Overarching Employment


Relationships



Actions

• Robust Provider Due Diligence

• Design internal processor• Outsource process

• Build systems to meet reporting requirements


Actions

Provider Due Diligence – Professional Passport

• Current Providers

• Review Approved Providers

• Create PSL

• Join Professional Passport to benefit from £5,000,000 Debt Transfer Insurance


Actions

Watch out for final legislation for exact detail on:

• Appeals Requirements

• Reporting Requirements

• Liabilities


“If you think compliance is expensive –

try non-compliance.”

Former U.S. Deputy Attorney General Paul McNulty


Crawford Temple

0118 988 803407881 511345

[email protected]

https://itunes.apple.com/gb/app/pp-jobs-hd/id743707910?mt=8

http://jobs.professionalpassport.com/jobboard/purchase/order1.asp?o=1

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