Recruiter International Compliance Conference Louise Rayner – Independent Compliance Consultant
[email protected] 07899937083 February 2014
Ben is a contractor Previously a permanent employee He lost his job where he was a part owner, he received a compromise settlement of £70k. £15k of which related to sale of shares, £23k is not payable until next tax year when he is out of restrictive covenants. He started a 3 month contract. He has since had 3 other contracts and now see’s him self as a contractor. He is working part of the year in South Africa He typically earns circa £40k p.a He has 2 flats and gets rental income from them He sold his holiday home this year to free up funds for his daughters university fees His wife doesn’t work and has no income This year he sold some other shares He is considering making provision for his pension His mother is ageing and gave him a gift of £80k this year He has children and is interested in planning re inheritance
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“A buyer & a seller of compliance services in the recruitment market” 18 years’ experience in recruitment and outsourcing Adecco, Head of UK Finance – implemented the biggest temp payroll in the UK (40,000 per week) & the Travel & Subsistence Dispensation scheme. SOX Randstad Managed Services – Commercial Director RSM Tenon, Head of Operations – outsourcing for 400 SME client MD/FD of JSA (umbrella/soletrader/Ltd co) Qualified FCCA MBA, thesis “commercial pricing in RPO/MSP environment”
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Compliance issues that I get asked most about; A/PSL Intermediaries – ITEPA 44/Finance Act/IR35/offshore/employment status
AWR WTR ID Checking Employment Tribunals Bribery Managed Service Legislation Insurance Pensions auto enrolment
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Most common operational issues Inadequate/confused checks at ASL selection Poor contract/document review Use of “any intermediary” even when an ASL exists Consultant “brown envelopes” Lack of awareness re off shore intermediaries No ongoing audits Intermediaries who cannot explain a tax calculation or don’t ask for/ignore relevant information 6
Mystery shopping results - 15 intermediaries 100% sounded confident 100% claimed compliance & made reference to HMRC Only 4 could adequately explain the tax calculation, when quizzed 5 made totally false claims
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The most common logo’s in the umbrella & Ltd Co services market
Give you a feeling of compliance? 8
The next common logo’s in the umbrella & Ltd Co market
Give you a feeling of compliance? 9
Ben is a contractor
IHT
Previously a permanent employee He lost his job where he was a part owner, he received a compromise settlement of £70k. £15k of which related to sale of shares, £23k is not payable until next tax year when he is out of restrictive covenants. He started a 3 month contract. He has since had 3 other contracts and now see’s him self as a contractor. He is working part of the year in South Africa CGT He typically earns circa £40k p.a He has 2 flats and gets rental income from them He sold his holiday home this year to free up funds for his daughters university fees His wife doesn’t work and has no income This year he sold some other shares Inc Tax He is considering making provision for his pension His mother is ageing and gave him a gift of £80k this year He has children and is interested in planning re inheritance IR35 Corptn tax
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Empl Status
These SHOULD be the indicators of compliance! Be aware the word “accountant” is not a legal definition and can be used in vain.
7 years training “Practicing Certificate” ie licensed to charge for advice CPD to keep them up to date
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Practical tips Location – check not registered or associated offshore Financial stability – bank statements/cashflow Offering choice of service Relationship with advisers - spend Technology – check integrated, disaster recovery Regular mystery shopping – contractor opinion Internal audits – check your consultants operate the PSL Directors backgrounds - phoenix companies Check that they are REAL ACCOUNTANTS with something to lose. Check for logo, Get membership numbers 12
[email protected] 07899937083
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