Western Mail

Personal service companies in the private sector – change is on the way

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FOLLOWING the Government’s introducti­on of off-payroll reporting in the public sector in 2017, the long anticipate­d consultati­on on privatesec­tor off-payroll working, known as IR35, has now been published.

What is IR35?

IR35 is tax legislatio­n designed to combat tax avoidance by workers or contractor­s who supply their services to clients via an intermedia­ry – such as a ‘personal service company’ (PSC) – but who would actually be an employee of their client if there was no intermedia­ry? Such workers are called ‘disguised employees’ by HMRC. In effect, a PSC will need to comply with IR35 if the contractor supplying their services does not meet HMRC’s definition of ‘selfemploy­ment.’

Why the need for reform?

The Government has strong views on current levels of non-compliance: HMRC estimates that only 10% of workers who should operate the IR35 rules currently do so, hence the need for reform. It estimates the current annual cost of non-compliance in the private sector at around £700m, and this could increase to £1.2bn by 2022/23.

HMRC faces many difficulti­es in enforcing the current IR35 rules, with each PSC requiring individual review. This takes time and, even where the PSC is ultimately found to be liable for additional tax/NICs, collection presents a further challenge.

So what are the proposed solutions?

HMRC makes clear that “the lead option” in addressing noncomplia­nce is to extend the reforms which were introduced in the public sector. This would make the “client”, ie. the end-user of the contractor’s services, responsibl­e for assessing the contractor’s employment status. Whichever entity then pays the PSC, be that the client or an agency, will be responsibl­e for operating any appropriat­e PAYE/NIC withholdin­g.

Other options include requiring businesses to secure their labour supply-chains through various checks or to keep substantia­l records for any off-payroll engagement­s.

Potential solutions which have been discounted outright include the use of a flat-rate withholdin­g for off-payroll workers similar to the scheme used in the constructi­on industry, or the introducti­on of an employer NIC charge for clients using contractor­s.

What next?

The consultati­on closes on August 10, 2018, and it’s not clear how quickly any changes would be implemente­d. The consultati­on which dealt with the public sector reforms came out at a similar point in May 2016 with a similar closing date (August 2016). Those changes then came into force in April 2017.

So should we expect any changes to apply from April 2019? Probably not. The new Budget timetable and policy-making process previously announced by Government suggests an April 2020 implementa­tion as the earliest date, and this would give businesses time to understand the impact and update processes and systems.

The impact of these proposals should not be underestim­ated – this could represent the most significan­t change to the operation of employment taxes for many years. Under the lead option being considered, there are likely to be major cost implicatio­ns – largely driven by the employer NIC charge which would apply to any engagement­s deemed to be employment arrangemen­ts.

Additional­ly, operationa­l challenges associated with the changes could be substantia­l. Organisati­ons may find it difficult to identify the off-payroll workers, and then face challenges in collating the informatio­n required for an informed determinat­ion of employment status to be made.

Add to that the suggestion made in the Taylor Review – and reflected in February’s Employment Status consultati­on – that those workers deemed to be employees under IR35 should also get access to wider employment rights, and you can start to see the broad impact these changes could have.

How PwC can help

Whatever the outcome of the consultati­on, the Government seems clearly set on reforming the rules and it’s highly likely there will be an increased compliance and administra­tive burden for businesses. Now might be a good time to strategica­lly review the structure of your workforce and look at your recruitmen­t policies.

PwC’s considerab­le experience with the public sector reforms can help you avoid some of the challenges and pitfalls.

PwC services include:

Using bespoke software, the data analytics team can quickly manipulate your supplier data to identify PSCs requiring further review. Experience shows this initial exercise can be extremely onerous (and erroneous) if carried out manually.

Reviewing PSC contracts and de facto working conditions to determine the deemed employment/

nnself-employed status.

Working with you to update and future-proof your recruitmen­t strategy.

Contact PWC for a discussion of your requiremen­ts: Jonathan Evans jonathan.r.evans@pwc.com, 07595 610566 or Tanya Johnson tanya.c.johnson@pwc.com, 07841 468664.

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 ??  ?? The impact of these proposals should not be underestim­ated – this could represent the most significan­t change to the operation of employment taxes for many years
The impact of these proposals should not be underestim­ated – this could represent the most significan­t change to the operation of employment taxes for many years
 ??  ?? The consultati­on closes on August 10, 2018, and it’s not clear how quickly any changes would be implemente­d
The consultati­on closes on August 10, 2018, and it’s not clear how quickly any changes would be implemente­d
 ??  ?? Jon Evans
Jon Evans
 ??  ?? Tanya Johnson
Tanya Johnson

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