Following representations put forward by Lawspeed, HMRC and the Treasury
has abandoned the idea of introducing an audit scheme in the
In recent months HMRC had announced that it
was considering a scheme which may allow for certain third parties to
assess whether a provider organisation is compliant with the MSC
legislation. However it had held back from making a quick decision
despite pressure from various quarters to do so.
In announcing its decision not to proceed for now, HMRC has said that it will discuss the impact with external stakeholders.
Marlowe of Lawspeed said “This is a tremendous result both for umbrella
companies and recruitment agencies. So far as umbrellas are concerned
there were elements of the scheme that appeared to give an advantage to
various providers in an unfair, and, some would say, unnecessary way.
Also there were serious questions about the legality of any scheme for a
number of different reasons, some technical and some practical. With
regard to agencies in reality the only advantage of an audit scheme
would be to guarantee that they are not liable for MSC contractor tax if
they refer or recommend to an audited provider. Since HMRC could not
agree to that for legal reasons, the idea of an audit scheme was always
going to be of doubtful benefit. In addition an audit scheme had the
potential to confuse agencies and limit the market.”
on to say “in fact HMRC has issued some helpful guidance that agencies
can rely upon. Where a contractor’s company already exists at
registration with an agency, the agency is unlikely to be liable if the
company turns out to be an MSC. Also an agency cannot be liable if it
recommends a candidate to an umbrella company that pays only by way of
employment income.” In all other circumstances agencies should take care
not to refer or recommend and should seek advice if in doubt.
only a few weeks to run before agencies could become liable for MSC tax
(6th January 2008) this issue does require urgent attention by those
who may have been relying upon the emergence of an audit scheme and who
otherwise have done little to prepare.
Lawspeed is involved in setting up membership trade body to represent the
interests of umbrella companies and to operate as a flag for quality
umbrella providers. For more information or to join please call Adrian
Marlowe, Ravi Murphy or David Vincent on 01273 236236.
Adrian, a highly experienced lawyer, founded Lawspeed in 1997. He is responsible for developing our extensive portfolio of products and services, including the widely used Lawspeed contract templates. Adrian is an expert on “recruitment law” and specialises in contracts, regulatory compliance, employment status and dispute handling. He is chair of the trade body the Association of Recruitment Consultancies, the only lawyer lead recruitment trade body in the UK. Adrian and his co-director Ravi devised Standards in Recruitment as a vehicle for helping drive up standards and compliance in the industry.
Adrian is our lead in discussions with the government over regulatory evolution. Apart from assisting with client support, Adrian’s primary role is research and development into methods of business delivery, our latest service Proterms being his most recent project. Adrian heads our IR35 lawyers team.