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Non-compliant payroll schemes and the 2019<br />

Loan Charge<br />

Following on nicely from the Criminal Finances Act, a further<br />

reason for contractor recruitment businesses to secure their<br />

supply chains is the risk from non -compliant payroll schemes.<br />

In April 2019, HMRC’s Loan Charge will see contractors who have<br />

used non-compliant schemes in the past receive retrospective<br />

tax demands going back as far as 1999.<br />

The most common of these contrived avoidance arrangements<br />

have been loan schemes which usually work by paying<br />

contractors a low salary with a high proportion of their pay as a<br />

loan.<br />

Employees NI<br />

12%<br />

Employers NI<br />

15%<br />

PAYE Tax<br />

21%<br />

Take Home Pay<br />

52%<br />

Tax Evasion<br />

Take Home<br />

90%<br />

Referring contractors to, or paying them through what HMRC<br />

views as a disguised remuneration scheme will put your business<br />

reputation and relationships at risk, so always carry out due<br />

diligence on any payroll intermediaries or umbrella companies<br />

you engage with.<br />

NI<br />

Tax<br />

Employment Intermediaries Reporting<br />

Under the Onshore Intermediaries Legislation 2014,<br />

employment businesses must return details of all workers they<br />

place with clients where they don’t operate PAYE on the<br />

workers’ payments.<br />

This includes workers engaged through umbrella companies or<br />

via their own limited company.<br />

This requirement under the legislation takes the form of a report<br />

sent to HMRC every 3 months.<br />

Agency Workers Regulations (AWR)<br />

Introduced in 2010, these regulations form part of UK labour law.<br />

They aim to prevent discrimination of people who work through<br />

employment agencies, by stating that agency workers should<br />

not be treated less favorably than their full-time counterparts<br />

who do the same work.<br />

The regulations cover things like pay rates, working time, holiday<br />

pay and benefits.<br />

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