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Recruiter International Compliance Conference Louise Rayner – Independent Compliance Consultant Louiserayner@outlook PowerPoint Presentation
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Recruiter International Compliance Conference Louise Rayner – Independent Compliance Consultant Louiserayner@outlook.com 07899937083 February 2014 . Ben is a contractor . Previously a permanent employee

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Recruiter International Compliance Conference Louise Rayner – Independent Compliance Consultant Louiserayner@outlook.com07899937083 February 2014

ben is a contractor
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
a buyer a seller of compliance services in the recruitment market
“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”
compliance issues that i get asked most about
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
most common operational issues
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
mystery shopping results 15 intermediaries
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
the most common logo s in the umbrella ltd co services market
The most common logo’s in the umbrella & Ltd Co services market

Give you a feeling of compliance?

ben is a contractor1
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
  • 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

CGT

Inc Tax

IR35

Empl Status

Corptn tax

these should be the indicators of compliance
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

practical tips
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