News Archive
Lawspeed to hold seminars on the AWD
Employment rights for contractors
Lawspeed seminar - Agency Workers Directive First
Consultation on Agency Workers Directive published
Lawspeed launches membership organisation
Government announces consultation - March '09
European Parliament votes to get rid of opt-out -
Pre budget report allows employment umbrellas off
Formation of Representative Group - expenses consu
Government announces yet more measures - this time
Agency Workers Directive - sleepwalk to disaster?
EU Council reaches agreement on principles of Agen
Agency Workers to get Employment Rights - May '08
Employment status and increased rights for agency
Changes to Conduct Regulations & Agency Standards
Case partially clarifies agency worker employment
HMRC Drops MSC Audit Scheme - December '07
Who could be an MSCP? - December '07
Agency Workers to get Employment Rights
HMRC has clarified its current position in relatio
MSC approval schemes update - September '07
MSC Legislation - Further Guidance - September 07
MSC Legislation - Finance Bill Passed - August '07
MSC Legislation Update. May '07
Budget Note - MSC Legislation Changes March '07
08/02/07 - 3rd party debt provisions released
Government announces consultation "Tackling Manage
Lawspeed meets Treasury re: MSC Consultation - Jan
HMRC announces start of a review of the concession
Extending paid holiday entitlement. July '06
Good news on employment status. May '06
Employment Status - Cable & Wireless Court of App
Employment status – where are we now? October '05
When is an agency worker an employee? July '05
Cable & Wireless v Muscat – Agency Clients Respond
End User held to be the employer of agency worker
Brook Street case opens door for tribunal claims J
New EAT case poses danger February '03
DTI's employment status review
Working time and holiday pay
Risk management and insurance
Agency regulations - the way forward
Press > News Archive

Who could be an MSCP? - December '07

Printer friendly version

MSC


In April 2007 the government introduced legislation to force contractors to pay employment taxes where the contractor obtains advice from managed service company providers (MSCPs).

In some circumstances, this debt could be transferred to the MSCP. For an organisation to be an MSCP all that is required is for it to be in the business of promoting or facilitating the use of companies by contractors, which could catch out some agencies. For the legislation to apply the MSCP has to be “involved” with the contractor company. Being “involved” is defined to include, amongst other things, being in receipt of ongoing payments, or promoting any scheme for making good tax losses, for example tax indemnities or insurance. A contractor company caught by these rules is known as a managed service company (MSC). The legislation as currently drafted therefore exposes any company to risk of having to pay MSC employment taxes if it deals with numerous organisations that currently offer services to the contractor or freelancer market.

Examples of organisations that could be MSCPs:

  • Providers of IR35 advice who offer membership of a scheme in return for ongoing payment
  • Providers of ‘One Stop Shop’ contractor solutions
  • Providers of facilities that have the effect of encouraging or enabling contractors to operate through limited companies
  • Providers of IR35 tax guarantees or insurance that promise to repay any tax successfully claimed by HMRC
  • Organisations that provide easy access to the guarantee or insurance products referred to above

The above list is not exhaustive, and makes for uncomfortable reading for some operators in the industry. Are you dealing with any person or body that could fit that criteria? If so you could face a tax bill even higher than if the IR35 legislation was found to apply.

For objective advice on whether the organisation you are dealing with could be an MCSP call Lawspeed now on 01273236236.

Back to the top
Printer friendly version