Amendment to private sector off-payroll working provisions of FB 2020
Amendment to private sector off-payroll working provisions of FB 2020
Amendment to private sector off-payroll working provisions of FB 2020
Mon 01 Jun 2020
As originally drafted the off-payroll working rules presented for consultation in July 2019, now applicable to the private sector from 6 April 2021, did not contain any provisions for taking account of connected party turnover when assessing whether a business was ‘small’ and therefore outside the rules.
This has been corrected as a result of recent amendments to Finance Bill 2020 (see here for the 18 May amendment, or here for the 20 May amendment).
For a further discussion of the implications of operating off-payroll working rules in the private sector, please get in touch with a member of the Mazars employment tax team.
IR35 – FTT upholds Lorraine Kelly’s appeal against HMRC decision
In the case of Albatel Limited, The First tier Tribunal (FTT) has held that a contract to provide Lorraine Kelly’s services to ITV for the ‘Daytime’ and ‘Lorraine’ programmes, was not a contract of service (subject to the IR35 intermediaries legislation), but a contract for services. The FTT took a very robust view and the […]
Action required following HMRC review of off-payroll working in the private sector
HMRC has now concluded its review into the implementation of the off payroll workers legislation from 6 April 2020. As anticipated, no delay has been announced and the legislation will take effect from 6 April 2020. In order to ensure a ‘smooth’ implementation the following announcements have been made by HMRC: HMRC will not issue any […]
Football referees mainly for Championship and Leagues 1 & 2 held not to be employees for PAYE/NIC
The First tier Tribunal (FTT) has held that football referees engaged by ‘Professional Game Match Officials Ltd’ (PGMOL) were not employees, despite the existence of contracts of engagement. They held that the wider terms of that engagement did not meet the conditions for the engagement to be employment. Some of the main factors leading to […]
IR35 and Off Payroll Working – Webinar now available
As April 2020 approaches, we are seeing momentum gather in respect of organisations gearing up for the introduction of the Off Payroll Working (OPW) rules in the private sector. Our recent article on the topic is available to view here. On 10 December, we held a 30-minute webinar which shared our practical knowledge on OPW, […]
IR35 and Off Payroll Working – Gearing up for April 2020 and news about our Webinar on 10 December
As April 2020 approaches, we are seeing momentum gather in respect of organisations gearing up for the introduction of the Off Payroll Working (OPW) rules (even with the imminent General Election and various manifestos). There has been a lot of commentary in the press and social media in relation to OPW. With so many views […]
Consultation on the taxation of off-payroll working in the private sector
HMRC has issued a consultation on extending the public sector ‘off-payroll working’ requirements in respect of PAYE, to the private sector. The consultation is at stage 1 for setting out objectives and identifying options. The comment on the announcement of the consultation includes the following comment: Last April, the government reformed off-payroll working in the […]
Travel expenses of workers engaged through intermediaries – HMRC issues guidance
Legislative changes effective from 6 April 2016 mean that workers who provide their services through intermediaries have lost an advantage in regard of their costs of travelling from home to work. Before these changes a worker who was subject to IR35 and provided services to a number of other users of their services could claim […]
Budget 2017: Employment Status – the focus on change is relentless…
The Chancellor’s Budget speech did not “go to town on” or even explicitly mention employment status. This may appear odd at first sight given all the indications in the run up to the Budget. However, the Red Book, as ever, showed that the devil is in the detail and did not disappoint, especially when read […]
R&D tax relief amended claims time limit
HMRC has updated their guidance so as to remind corporate taxpayers of the time limit for submitting amended research and development (R&D) tax relief claims for reimbursed employee expenses, under the extended definition of staff costs contained in revised guidance issued in October 2016. Businesses may submit amended claims where they relied originally on an HMRC […]
The start of a new tax year and the start of the new off-payroll legislation for workers in the public services…
6 April has introduced a number of changes in the employment tax arena including new legislation in public services which means that intermediaries (agencies mainly) or public sector bodies will be responsible for deducting the income tax and NICs from payments made to public sector workers who provide services via a personal service company (“PSC”) […]
Off-payroll workers in the public sector – time is running out and there’s still much to do!
HMRC has published an ‘off-payroll’ working in the public sector page providing guidance for ‘fee-payers’ (the public authority (defined here), agency, or other third party paying the intermediary ), Personal Service Companies (PSCs) and public authorities in respect of the forthcoming changes from April 2017 . It also provides links to information such as the draft […]
A St. Patrick’s Day Surprise for Off Payroll Workers?
Tuesday 17 March was a busy day for the Government. From the growing threat Covid-19 is bringing to the UK and Europe as a whole, to the £330bn financial support announcement for businesses and individuals, it was a day of emotion and bold, unprecedented action. As we were all digesting the announcements made earlier in […]
Personal Service Companies and the Public Sector – An unaffordable change?
In their consultation document in the summer last year, the government estimated that non – compliance with the intermediaries legislation (commonly known as IR35), will cost the Exchequer £430m in tax and NICs receipts in the year and without reform, it expects this loss to continue to grow. The Chancellor announced at Budget 2016 that […]
All (largely) Quiet on the employment tax front…
The Chancellor in his Budget 2016 made a short reference to terminations payments and the use of personal service companies under tax avoidance measures. We’ve summarised some of the employment tax changes worthy of note: From April 2018 employers will now need to pay National Insurance Contributions (NICs) on termination payments above £30,000 where tax […]
IR35 and PSCs – Changes in store for the private sector?
In their consultation document in the summer last year, the government estimated that non – compliance with the intermediaries legislation (commonly known as IR35), will cost the Exchequer £430m in tax and NICs receipts in the year and without reform, it expects this loss to continue to grow. The Chancellor announced at Budget 2016 that […]
Personal Service Companies and the Public Sector – An unaffordable change?
In their consultation document in the summer last year, the government estimated that non – compliance with the intermediaries legislation (commonly known as IR35), will cost the Exchequer £430m in tax and NICs receipts in the year and without reform, it expects this loss to continue to grow. The Chancellor announced at Budget 2016 that […]
Employment Tax Simplification: What was expected, not there, and new…
With a number of discussion documents issued by HMRC which would impact employment taxes, I was expecting more… Following the Summer Budget earlier in the year, HMRC issued a significant number of discussion documents and ‘calls for evidence’ as a result of suggestions made by the Office of Tax Simplification (OTS) to simplify the income […]
More From the Budget on Employment Tax
Vaneeta Khurana highlights a few more employment tax points from the July Budget 2015: • Salary sacrifice arrangements can allow some employees and employers to reduce the income tax and National Insurance that they pay on remuneration. They are becoming increasingly popular and the cost to the taxpayer is rising. The government will actively monitor the growth […]
Budget 2017: Employment Tax – what is happening?
Whilst the main headlines coming out from the Budget include Stamp Duty for first time buyers, VAT registration thresholds and further investment in R&D, infrastructure and skills across the country, there were many important announcements impacting Employment Taxes, published in the ‘small print’. The highlights are… Employment Status Expected to be front and centre but […]
Supreme Court decision on construction industry scheme and worker status
Two recent Supreme Court decisions have highlighted the importance of ensuring businesses using workers and contractors have properly considered the relevant tax and employment law issues. Construction Industry Scheme (CIS) JP Whitter (Water Well Engineers) Ltd highlights the importance of compliance with the construction industry scheme (CIS) rules in order for sub-contractors to retain gross […]
Tax and the Iintermediaries legislation (IR35) applied to services provided via a personal service company
The First tier Tribunal (FTT) has rejected the contention that a BBC presenter, operating through a personal service company (PSC), Christa Ackroyd Media Ltd (CAM) was not subject to the intermediaries (IR35) legislation at ITEPA 2003 s.48-61. The case is a reminder that this legislation should be considered by contractors providing their services through limited […]
FTT case on application of IR35 in the public sector
The First tier Tribunal (FTT) has allowed an appeal against the application of IR35 to a contractor working through a company (Jensal Software Limited) for the DWP. Ian Wells operated through Jensal and was engaged by Capital Resourcing Ltd to work for the Department of Work and Pensions (DWP) between 28 May 2012 and 4 […]
IR35 delayed until April 2021 – what does this mean for the private and public sectors and what are the next steps?
Tuesday 17 March was a busy and momentous day for the Government. From the growing threat Covid-19 is bringing to the UK and Europe as a whole, to the £330bn financial support announcement for businesses and individuals, it was a day of emotion and bold, unprecedented action. The action however did not stop there. Many […]
IR35 for the Private Sector delayed but not dumped, and better for it
It was inevitable that the Government would follow the application of IR35 to public sector employees with a similar measure for the private sector. It is estimated that without corrective action £1.2 billion a year might have been lost in taxes by 2022/23 as result of non-compliance. The IR35 Regulations aim to ensure that employees […]
Employment Tax highlights from the Autumn Budget 2018
Following the Chancellor’s announcements in the Autumn Budget 2018 we highlight below some of the key employment tax takeaways: IR35, employment status and off payroll working rules – reform of the private sector Following the changes made to how employment status needs to be governed within the public sector from April 2017, The Government will […]
What does the Good Work Plan say about Employment Status?
Employment Status has been the focus of much media, political and social pressure over the last 18 months. This has been highlighted by the Taylor Review, the changes to how “IR35” (off payroll working arrangements) are enforced in the public sector, the Uber / Deliveroo etc employment cases and the recent Budget announcement that the […]
Uber drivers- worker status confirmed by Court of Appeal
The Court of Appeal has rejected Uber’s appeal by a 2 to one majority concerning the employment status of three of its UK drivers. Uber has been given permission has been given to appeal to the Supreme Court. ‘Workers’ for employment rights purposes The Court of Appeal held that the drivers were ‘workers’ within the […]
Are the proposals for aligning tax and employment right rules due to be issued shortly?
On 4 February 2019 an agreement between the GMB and Hermes was announced, offering Hermes courier drivers a minimum level of pay across the year at a rate above the national minimum wage, and 28 days holiday. While it is maintained this remains a self-employed arrangement for tax purposes, some are wondering whether HMRC will […]
Extension of off-payroll working rules to the private sector
HMRC has issued a further consultation on the operation of off-payroll working rules for the private sector. Responses to this consultation are requested by 28 May 2019. From April 2020, medium-sized and large organisations (clients) being the ultimate users of external workers will be required to make a determination of the workers’ employment status and […]
Thinking of engaging a contractor or consultant beyond April 2020 – here’s what you need to know…
We are now less than six months away from the introduction of the new off payroll “IR35” legislation, and even with the postponement of the 6 November budget, there is no sign of any delay. Therefore, it is imperative that medium and large sized organisations plan their controls and processes now to ensure they are […]
An update on the much anticipated (and promised) post-election IR35 Off Payroll working review
Last week the Government launched their promised review into the IR35 off payroll working regulations for the private sector. However, the review is not looking to cancel, delay or impinge on the introduction of this legislation from April 2020. Instead, the review is focussed on assessing the implementation of changes to the off-payroll working rules that […]
Private sector off payroll working rules – draft legislation and guidance
In response to the UK review of off-payroll working rules, the Government has announced that the rules will only apply to services undertaken on or after 6 April 2020. This means that payments made on or after that date in respect of services provided before that date are not subject to the new rules. HMRC […]
Budget 2020 – Are You Getting Things Done? – Increased focus on Tax Avoidance and Compliance in the Construction, Property and Housing Sectors
The Chancellor, Rushi Sunak’s, Budget Speech was delivered confidently and focused on investment, support and the environment. However, for some sectors, the devil was in the detail and it has become evident that the reference to raising an additional £4.7bn from tax avoidance between now and 2024/25 will see those involved in the construction sector […]
IR35 Reform
In today’s Summer Budget, the Chancellor mentioned workers providing services through their limited companies in the context of ‘disguised employment’. The proposed changes go further than not being eligible to receive the £2,000 National Insurance Contribution (“NIC”) employment allowance and dividend tax reform. In the press release which followed, the Government announced that it will […]