HMRC issue statement on intermediary definition for IR35.

HMRC issue statement on conditions where the intermediary is a company for IR35.

Over the last few weeks, you may have seen the information that we have posted on the “hiccup” with the drafting of the IR35 Reform Legislation and the Guidance issued by HMRC. Well it appears that HMRC have sat up and listened.

In conversations, they noted that the interpretation of the changes had caused unnecessary issues which placed umbrella companies as an intermediary for the purposes of the legislation, leaving the burden of taking all tax and NI deductions to the recruitment agencies. HMRC have now confirmed that it was not their intention to catch umbrella companies in this way and have provided the following official statement after a meeting between stakeholders and HMRC officials on Wednesday, 14 October.

The statement reads as follows: “Off-payroll working from 6 April 2021 – interpretation of section 61O and the conditions where the intermediary is a company”.

Many will argue that this is simply HMRC’s guidance on the matter, however this does not amend the legislation at this time. It is expected that, in time, the amends will be made which will keep the umbrella company away from the definition of an intermediary for the purposes of the legislation.

We will watch this space, but for now it does provide some comfort to umbrella companies and to those agencies who would have found themselves in quite a predicament come April 2021.

Contractor Rates Causing Confusion

Contractor Rates Causing Confusion

The changes to IR35 are causing no end of questions and contractor rates are causing confusion; but we are faced with similar queries on a day to day basis, so we thought it might be useful to put something in writing for our network in the hope that it helps explain a few things.

The confusion comes in the first place when an agency quotes an assignment as inside IR35 with a rate attached to it. Based on the legislation, an inside IR35 rate means that the quoted figure should be stated as your taxable salary (ie subject to Employees NI and PAYE tax). The legislation is clear in this case that the employment costs cannot be passed onto the individual and will need to be accounted for by the end client (or via the agency).

However, we then see the agencies quoting the rate via umbrella, which in turn looks different (and probably shouldn’t reference IR35). Working via an umbrella company means that you are quoted a Gross Invoice Rate ie the rate that would be charged by the umbrella to the agency, plus VAT. When the funds are received by the umbrella company, the employment costs must be met from this figure (ie the Employers NI, Apprenticeship Levy and the umbrella margin) before reaching your taxable salary, again subject to Employees NI and PAYE tax.

So let’s take a look at a sample figure, quoted as an umbrella rate, based on £750.00 per day for 20 days per month with no pension on a standard 1250L X tax code:

Monthly Income (Gross Invoice Rate): £15,000.00 (£750.00 per day)

Employers NI: £1,710.73

Employment Tax: £65.64

Umbrella Margin: £95.00

Taxable Salary: £13,128.63 (£656.43 per day)

Employees NI: £584.23

PAYE: £4,209.48

Total Net Income: £8,334.91

So, as you can see a quoted umbrella rate of £750.00 per day will give you a taxable salary of £656.43 per day.

There is a lot of criticism surrounding the umbrella market and how it operates, but the model has been in existence for a long time, and believe it or not, it was always an alternative to operating via a Ltd Company until the IR35 reform popped up… and yes some contractor’s did actually opt to work in this manner, we know some find this difficult to believe.

What we would like to say is that when you are looking at a new assignment, take a moment to look at what is actually being offered and make sure that the rate is right for you and your circumstances.

For some umbrella won’t be an option, but for others it will be a requirement, so make sure you know exactly what you’re getting before you sign anything.

If you need any further clarity on this, then do let us know on 01473 845 835.

Lucy Smith, MD | www.clarityumbrella.co.uk

The Contracting Awards 2020 Finalist

The Contracting Awards 2020 Finalist

The Contracting Awards recognise the top contractor suppliers in the UK, and Clarity Umbrella are so pleased to announce that we have been shortlisted as one the Best Umbrella Companies under 1,499 clients.

The category looks for the best Umbrella Companies supporting the contractor market and they are asked that they are able to show excellence in customer service, show their commitment to compliance and demonstrate what they do to provide excellent customer service and added value for their customer.

To achieve this Finalist status is something that we, here at Clarity, are incredibly proud of, especially as we have only just come to the end of our first full year in business and we are competing against competitors who have been in business for many years.

We will continue to ensure that we invest our time and effort into customer service and compliance as well as ensuring we are always on hand to offer best advice to contractors and suppliers throughout the supply chain.

We look forward to seeing what the next year has on offer for us.

The virtual awards event celebrates the best service providers to contractors the UK has to offer. The awards event will be held at 4pm on 4th November 2020.

Moving from Ltd to Umbrella, what do you need to consider?

The IR35 Reform hits and you need to change from your Ltd Company to work via an umbrella company, what do you need to consider?


In April 2021, we expect to see the IR35 reform in the private sector, and as we head closer to that deadline many end clients are back to reviewing their decisions. So if you’ve been operating via your own Ltd company and are now being asked to operate via an umbrella company what do you need to consider?


When you register with an umbrella company, you will be asked to provide a P45 or Starter Checklist in order for them to set you up on the system, but what are the implications of using each one?


If you don’t have a P45 from your Ltd company then the starter checklist will (assuming you pick Statement B i.e. have worked this tax year, but have no other PAYE earnings) place you on a 1250L W1/M1 tax code, this allocates one tax free allowance for the pay period. 


All this means is that once the first payroll is processed and reported via RTI, then you will more than likely receive a coding notice to amend your tax code. The problem is that HMRC are likely to think you have two PAYE incomes; one from the umbrella and one from your Ltd company. They will then determine where any tax free allowance lies, more than likely leaving this on your Ltd company and no tax free allowance with the umbrella. So you may be in a situation whereby you have to speak with HMRC and ask them to allocate all the tax free allowance to your umbrella employment, assuming no PAYE income from the Ltd company.


So the ideal situation is that you get your accountant to P45 you off the Ltd company, this should then allocate tax free earnings to the new umbrella employment. It may also mean you end up with little or no tax taken in the first pay-packet, assuming you’ve drawn little PAYE earnings from the Ltd company. This would also be dependent on what point in the year the transition happens.


You may also need to consider your annualised earnings… When the umbrella earnings are reported to HMRC, they will take your earnings for the period and assume you will be earning that amount throughout the remainder of the financial year. With many high earners, this could place you in the high earner category and could see any tax free allowance removed. For many contractors, we know that there can be some time spent on the bench, so the anticipated annual earnings may not be as high as predicted by HMRC. If this is the case, then may be able to log into your own personal tax account and see what assumptions HMRC are making and, if needs be, you may be able to amend this.


At the end of the umbrella employment, if you still have the Ltd company, make sure you get your P45 and pass this back to your accountant, so they can update your tax affairs ready for inclusion as employed PAYE income on your self assessment tax return.

Spotlight 55: When the umbrella company you work with is not a “compliant” umbrella. HMRC provide further warnings…

HMRC warn that comparison websites or brokers marketing umbrella companies are not always what they seem and urges contractors to do their due diligence.

With only a delay announced to the IR35 reform, it seems that there has (as predicted) been a hike in umbrella companies.  On 27th April , HMRC issued a new Spotlight urging contractors to take independent advice before working with an umbrella company to avoid finding themselves liable for unpaid tax and national insurance.

This new guidance warns that promoters of tax avoidance schemes are using brokers and price comparison websites to attract clients to umbrella companies not abiding by the tax rules. As has been the case for many years, these businesses try to convince contractors with offers of higher take home pay. Sites often mixing compliant and non-compliant providers, the latter sometimes being called ‘advanced’ or ‘enhanced’ umbrella services, which can make them sound like a legitimate PAYE umbrella.

HMRC’s Spotlight 55 publication provides guidance to workers on how to choose an umbrella including some of the warning signs to look out for. Taxpayers are told to be especially careful of arrangements offering higher take home pay involving:

  • annuities;
  • fiduciary receipts;
  • credit facility;
  • shares;
  • capital payments or advances; or
  • bonuses
  • loans

It would seem like common sense but HMRC are advising taxpayers to check whether the umbrella even has a company name, registration number and postal address. I say common sense, as you have to remember you trust these companies to handle your money – you wouldn’t just transfer your savings to any old bank, now would you?

A compliant umbrella company is used to employ a contractor, as an employee for tax purposes, while he or she performs work for an end client. The main function of a brolly is to facilitate payment to their employee, net of PAYE and National Insurance contributions (NIC). In essence, we act as tax collectors for HMRC, so if they don’t get what they expect it can lead to many shall we say issues and if these relate to personal taxes, it is HMRC that will come after you!

The challenge is that while most umbrellas comply with the tax rules for their workers, not all are quite so clean cut and with offers of greater take home pay some contractors can fall into that trap especially in such tough financial times.

Taxpayers are advised to be aware that if their salary is paid through different routes, they may not have paid income tax and NIC on all elements and independent professional advice should be sought. HMRC reminds those tempted that they remain legally responsible for their own tax affairs and for paying the correct amount of tax and NIC.

HMRC also warns taxpayers to be wary of claims, such as: “We only use HMRC compliant umbrella companies that are independently reviewed” and “QC approved”. For not the first time, HMRC highlight that they don’t approve umbrella companies and that it will always challenge tax avoidance arrangements.

Maybe now is the time for HMRC to go back to the announcement from the Taylor Review where they looked to regulate the industry. This was somewhat lacking in the last Finance Act, but maybe the delay to IR35 will give them time to try and provide a little more clarity in the industry and level out that playing field, cut out the self regulation and rid the market of those companies that continue to put contractors at risk of investigation by HMRC.

For further information see HMRC guidance Tax avoidance schemes aimed at contractors and agency workers.

HMRC announces “small” change to the off-payroll working rules

Well today, 7th February 2020, we see a “small” change to the IR35 Legislation which comes into force in just a few weeks time.

The original draft appears to have caused confusion over payments and when the rules should actually apply. Previously any payments made after the April deadline would have seen the rules apply and the appropriate deductions made, even if the work was carried out in March. However, as part of the actual IR35 review, it has been decided that there was not enough clarification on this and has lead to some snap decisions for end client and agencies.

So what exactly has been said?

“The rules, also known as IR35, will now apply only to payments made for services provided on or after 6 April 2020. Previously, the rules would have applied to any payments made on or after 6 April 2020, regardless of when the services were carried out. It means organisations will only need to determine whether the rules apply for contracts they plan to continue beyond 6 April 2020, supporting businesses as they prepare.”

The formal publication of a review into the implementation of changes to the off-payroll working rules is due to conclude in February.

#ir35 #clarityumbrella #contractors

For more information, please click on the link below:

What Rate Am I Asking For?

Umbrella Rate, Pay Rate, Gross Rate, Contract Rate, Inside Rate, Agency Rate?

Wow, what a confusing topic – or so it seems according to social media!

Following on from many conversations with contractors it would appear that not only are the contractors being left thoroughly confused by the advertised rates but that some recruiters don’t appear to be able to clarify things either. So let’s take a look at what it all means…

1. Umbrella Rate – the figure quoted to you should be the Gross Rate (sometimes referred to as the Contract Rate). This is the figure per day invoiced out to the agency or end client, when the umbrella receives these funds the employment costs must be met from this figure before the employment income (or taxable salary) is reached. If we apply logic, the umbrella will take their margin from the gross rate along with the employment costs, there are no funds coming from elsewhere, this is the monies received from which employment costs must be met. The umbrella margin is not going to be enough to cover these costs. IR35 doesn’t apply in this scenario as you are deemed an employee of the umbrella.

2. Agency Rate – this “should” be quoted as the employment income (taxable salary) and would then only be subject to Employees NI and PAYE tax. We would normally expect to see a lower rate offered for Agency PAYE over umbrella, with the uplift accounting for the employment costs.

3. Inside IR35 Rate – and this is where the confusion lies! As has been stated on many occasions on social media, under the proposed IR35 Legislation, the rate must be quoted as “employment income”, net of any hirer’s taxes. The employment costs are not to be included within this rate and must be met by the end hirer or agency closest to the PSC. IR35 applies.

So this begs the question, how do I know what I am being quoted?

On the 6th April 2020, legislation will mean that the agency or end client must provide a KID (Key Information Document) to any contractor prior to any contracts being signed. This should detail the rate and the deductions dependent on which route you are looking to proceed down for your assignment. In the meantime it simply leads to confusion.

If you work via an umbrella company then you are deemed an employee and as such the IR35 legislation does not come into play. So if you are being moved to an umbrella ready for the April changes, they should be quoting you an umbrella rate which will be subject to employment costs, if they are quoting you an inside IR35 rate then feasibly you should be expecting the agency or end client to meet those employment costs.

In reality what seems to have happened is that contractors are being told that their assignment is deemed inside IR35 and they are being pushed down the umbrella, sometimes with no uplift in rate, leaving the rate to swallow the employment costs.

As I have said all along, it is imperative that when you are looking for a new assignment that you ensure you get clarity on what “rate” you are being provided with. If you are being asked to go down the umbrella route, ask for umbrella rate vs inside IR35 rate and see what response you get! My theory is that it will confuse the living daylights out of most!

IR35 Factsheet for Contractors

IR35 Factsheet for Contractors

HMRC have issued a factsheet aimed at contractors to explain the changes to Off-Payroll working rules (IR35). So let’s see what they have to say…
Taken from the HMRC Website “IR35 Factsheet for Contractors”


There are some important changes to employment taxes coming into effect from 6 April 2020.

Are you affected?

You are affected by the changes to the off-payroll working rules (IR35) if:

• You are a contractor who works through an intermediary, e.g. your own limited company, often known as a personal service company (PSC), and

• You provide your services to public sector organisations or medium or large-sized organisations outside of the public sector.

A medium or large-sized organisation will have a turnover of more than £10.2million, a balance sheet total of £5.1m and/or more than 50 employees.

What is changing?

From 6 April 2020, medium and large-sized organisations outside the public sector will be responsible for deciding the employment status of contractors for tax purposes. Currently, contractors themselves are responsible for making this decision in these sectors.

This ensures consistency with the public sector, where these arrangements have been in place since April 2017.

How the changes may affect you

These changes may affect how you pay the tax and National Insurance contributions that are due.

If you are affected, the organisation you are providing your services to will determine your employment status for tax purposes from 6 April 2020. Your hirer will give you a ‘Status Determination Statement’, which will set out the determination your hirer has made and the reasons behind this. You may be asked to provide the hirer with some information to help them make their determination.

If they determine that you are employed for tax purposes, they (or the agency they have hired you through) will pay the necessary tax and National Insurance before they pay you.

If they determine that you are self-employed for tax purposes, you will remain responsible for meeting your tax obligations.

Depending on your own personal circumstances the terms of your contract may change. It is also possible that you will pay additional income tax and NICs if you had not previously been applying the off-payroll rules (IR35) correctly. However, HMRC will not use information resulting from these changes to open a new enquiry into earlier years unless there is reason to suspect fraud or criminal behaviour.

What you need to do before April…

You do not need to take any action before April. But if you think you may be affected you should seek a Status Determination Statement from your hirer, and speak to them to help you understand what this means for you.

You can find further guidance at: https://www.gov.uk/guidance/april-2020-changes-to-offpayroll-working-for-intermediaries

You may also find it helpful to use the Check Employment Status for Tax (CEST) tool:
https://www.gov.uk/guidance/check-employment-status-for-tax

Important information

These changes do not affect the self-employed nor do they prevent people from working through their own intermediary. It does not introduce a new tax but instead changes the way that the tax is collected when a contractor is inside the scope of IR35 and employed for tax purposes.

Guidance on the current rules can be found at: www.gov.uk/guidance/ir35-what-to-do-if-itapplies

On 7 January 2020, the Government launched a review into the implementation of changes to the off-payroll working rules. The review will gather evidence from affected individuals and businesses to ensure smooth implementation of the reforms, which are due to be introduced on 6 April 2020.

Your rights

Where the rules apply, it is important to note that, unless you have a direct employment contract, you will not be classed as a direct employee of the hiring organisation you provide your services to. This means that you will not be entitled to statutory payments or employment rights from them.

From 6 April 2020, if you disagree with the result of the determination, you will have the right to dispute it through your hirer’s status disagreement process. You will need to contact your hirer, explaining why you are challenging the outcome. The hirer will have 45 days from the date of receiving your letter to respond to you.

Further Information:
More information on the changes can be found on GOV.UK at:
www.gov.uk/guidance/april-2020-changes-to-off-payroll-working-for-intermediaries


Contract Rate & Taxable Salary

In April 2020, legislation changes and means that it will be a legal requirement for every recruiter/engager to provide the agency worker with a KID (Key Information Document), but what does this actually mean?

The KID document is supposed to provide clarity with the rates provided and the model they use to engage with. So let’s take a look at what this means in practice as there appears to much controversy floating around over what figures should be supplied…

OPTION 1: Agency worker paid PAYE via the agency know as Agency PAYE.
The figure quoted will be the TAXABLE SALARY, this will be subject to Employees NI and PAYE tax. We would anticipate this being less than that offered for Umbrella PAYE.

OPTION 2: Umbrella PAYE paid via the Umbrella Company as an “employee ” of the umbrella.
The figure quoted will be the CONTRACT RATE. All employment costs must be met from this figure prior to arriving at the taxable salary. To calculate the TAXABLE SALARY, take the daily or hourly rate, deduct the Employers NI, Apprenticeship Levy, Umbrella Margin (and EEs and ERs pension if applicable). This figure will give you the equivalent Agency PAYE rate. On this basis we would expect to see a higher figure to cover the additional deductions from the contract rate.

Umbrella PAYE places the contract worker under deemed employment, and as such sits outside of the IR35 legislation. It has always been deemed as an alternative way of working to running a PSC, as long as the contractor is aware that the rate they need to negotiate is going to be subject to these deductions.

OPTION 3: Ltd company engagement paid direct to the contractors own PSC.
The figure quoted will be the CONTRACT RATE. All employment costs must be met from this figure prior to arriving at the taxable salary. The only difference to the above is the ability for certain expenses to be accounted for and any dividend payments.

So what is the key thing to take from this?

When looking for that next assignment, especially if the contract is deemed inside IR35, then you need to ensure that you are pitching for the correct rate for the role. Remember, the IR35 legislation hasn’t actually changed, the only thing that has been updated is where the liability for determining the status falls. So if you have been operating compliantly in the first place, and the end client / agency is happy to run through this then there should be no change for you.

If however, there is a blanket decision made on the contractor’s status, then you may be left with no choice at this time. The contracting market has seen many changes over the years… when IR35 came into the public sector there was panic, but it soon settled back to normality. Let’s hope this is just a storm in a teacup…

Day Rate & Take Home Pay

Day Rate and Take Home Pay

So you may have been told that your assignment is now inside IR35, or that you are required to use an umbrella company. If this is the case then you need to make sure that you are looking to achieve the right contract rate for your assignment, one that you are comfortable with.

Working via an umbrella company you need to be aware of the deductions that are taken from the monies received by the umbrella before your taxable salary is calculated (ie the value used to calculate your Employee’s NI and PAYE tax).

Detailed below is a snapshot of a range of day rates and the anticipated take home that you should expect if you are working via an umbrella. Please note we have to make certain assumptions when producing these illustrations.

Take Home Pay Breakdown from £100 per day to £1,000 per day

Assumptions:
This includes a standard 1250L tax code on a week 1 basis – this means that we will only take into account a single tax free allowance for this period. We never include any allowance for any expenses for tax relief purposes, and there is no pension included (with Clarity Umbrella you will be auto-enrolled into the our pension scheme 3 months after your assignment start date). We do not look to include any student loan calculations either.

If you do require a bespoke calculation, then please feel free to complete our Bespoke Calculation form and we will be more than happy to provide you with an illustration.

Image by Gerd Altmann from Pixabay