IR35
One more thing you don't have to worry about. As you will become an employee of the
umbrella company, IR35 will no longer apply to your contract through our services.
Leaving you to get on with what's important to you.
If you would like any further information about IR35 visit www.hmrc.gov.uk
MSC Legislation
At Paycheck we only offer a fully compliant umbrella service in accordance with
the new MSC legislation
In order to do this, we only offer Umbrella service – PAYE with
allowable expenses.
Umbrella companies are outside the scope of the new MSC legislation.
Yes, there are other options out there but are they safe?
Are you willing to risk prosecution from HMRC?
According to Section 61B of the Finance Bill meaning of ‘Managed service company ‘
A company is a ‘managed service company ‘if –
- A. Its business consists wholly or mainly of providing (directly or indirectly) the services of an individual to other
persons.
- B. Payments are made ( directly or indirectly ) to the individual ( or associates of the individual ) of an amount
equal to the greater part or all of the consideration for the provision of services
- C. The way in which those payments are made would result in the individual ( or associates ) receiving
payments of an amount ( net of tax and national insurance ) exceeding that which would be received
( net of tax and national insurance ) if every payment in respect of the services were employment income
of the individual, and
- D. A person who carries on a business of promoting or facilitating the use of companies to provide the
services of individuals (an MSC provider) is involved with the company.
Simply put . . .
If a service provider has any involvement with your Ltd company/payments, i.e. paying
monies direct into your bank account or your Limited companies bank account, advises you
how much you should pay to yourself ( salary & Dividend ) e.t.c then the service provider would
be caught as an MSC provider.
But it doesn’t end there ….
The above may define the service provider as an ‘MSC provider ‘but what effect does that have
on you (the contractor)?
According to part 2 of section 61B
1. An MSC provider is ‘involved with the company ‘if the MSC provider or an associate of
the MSC provider.
- A. benefits financially on an ongoing basis from the provision of the services of the individual.
- B. Influences or controls the provision of those services.
- C. Influences or controls the way in which payments to the individual ( or associates of the Individual ) are made,
- D. Influences or controls the company’s finances or any of it’s activities, or
- E. Gives or promotes an undertaking to make good any tax loss
Simply put . . .
This means that if any of the above apply to the service provider then they are potentially an
MSC provider and you the contractor will be caught under the new legislation if you use
their services.
Accounting Services
According to HMRC there is an exemption for accountants but, just because it is an
‘accountant’ doesn’t mean they automatically qualify for exemption. It will depend on the type
of service your accountant provides for you.
In a statement HMRC issued on their website on April 13th 2007, it said
“In response to the legislation published at budget, a number of providers are
telling their clients that they (the providers) are not MSC providers, rather that
they are accountants. They are therefore telling clients that their companies
are not caught by the legislation.
“Based on the advertising material seen, it is HMRC’s view that many of these
organisations are MSC providers as defined in the new legislation. Whether or
not the new tax rules apply will depend on the precise relationship between the
MSC provider and the client company.
“Individuals operating through service companies, particularly those who
believe that prior to 6th April they would have been within ‘ IR35 ‘, should
consider carefully their and their company’s relationship with the MSC
provider. If a service company is within the legislation and the company fails
to operate PAYE, this could result in individuals being held personally liable
for the PAYE debts of the company “
As you can see nothing in this new Legislation is clear or certain and at best,
is confusing ….
Solution:
The best alternative for you the contractor not to be at risk of prosecution is to be paid PAYE.
Here at Paycheck, we take care of our contractors, pride ourselves on a 1st class service and
most importantly, we will not put you at risk.
As an employee of our Umbrella company – HMRC inspect us – not you.