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Everything you ever wanted to know about umbrella companies but were afraid to ask..

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    Everything you ever wanted to know about umbrella companies but were afraid to ask..

    There have been so many questions by new contractors about umbrella companies and the way that they work that I thought I would put together a help guide. Hopefully it will answer most of the questions that crop up:

    All umbrella companies will process your payments through PAYE (Pay As You Earn) as the assumption is always made that you will be working inside IR35. As such you will be liable for income tax and both employee’s and employer’s national insurance. More information on income tax can be found here: http://www.hmrc.gov.uk/rates/it.htm and here: http://www.hmrc.gov.uk/rates/nic.htm for national insurance.

    You will be advised that you can claim expenses which will either be charged direct to your client or will be processed as a tax benefit. You can only claim expenses which are approved by the Inland Revenue.
    All of the above means that, it does not matter which umbrella company you use, your net earnings should be the same provided that all Inland Revenue regulations have been followed. The only difference should be the fees that your umbrella company charges.

    Most umbrella companies will mention a ‘dispensation’ and the term is sometimes used in advertising. A dispensation will not tell you which expenses can be claimed it is merely an accounting tool for your umbrella company. Under normal accounting practise all expenses that a company processes have to be recorded on a P11D form which is sent to the Inland Revenue; an umbrella company’s dispensation means that this form will not be required for those expenses that they have listed. The dispensation does not relieve the contractor of any responsibility at all regarding the provision of receipts – they will be required if you are the subject of an Inland Revenue investigation. Nor does it mean that you can legitimately claim more expenses through one umbrella company than another, they have to be Inland Revenue approved and must be supported by receipts. To quote the Inland Revenue:

    "I can confirm that contractors cannot automatically claim £21 per day (or any other amount) for each day they are at work. It is also worth saying the Inland Revenue would not give general approval of a company's expenses policy. A dispensation would never cover large amounts of unsupported expenditure"

    Most umbrella companies will also have a calculator on their websites to give you an illustration of your earnings. You may find that they will return different results. If a calculator does not ask you for details of your expenses it may assume a figure based on some sort of average, therefore the figure you are quoted will only be accurate if the figure assumed is exactly the same as the expenses that you incur. Therefore, you should always check that you are comparing like with like and, remember, the calculators are for illustration purposes only and will always give an estimate rather than a quote.

    Also, bear in mind that you are the customer of the umbrella company and as such you should be able to leave at any time without penalty. During your research you should check whether there are any ‘hidden costs’ and you should obtain confirmation in writing.

    Lastly, if the scheme being offered seems too good to be true then it very probably is and you should contact the Inland Revenue directly if you are unsure about any of the information that you are being provided with
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    #2
    Everything you ever wanted to know about umbrella companies but were afraid to ask..

    LisaContractorUmbrella

    I presume as an employee of an umbrella company you are entitled to employee benefits.

    Statutory Maternity pay
    Paternity pay
    Statutory Sick pay

    Does any umbrella Co pay these benefits to employees after the statutory time limit ?

    Comment


      #3
      Originally posted by Robot
      LisaContractorUmbrella

      I presume as an employee of an umbrella company you are entitled to employee benefits.

      Statutory Maternity pay
      Paternity pay
      Statutory Sick pay

      Does any umbrella Co pay these benefits to employees after the statutory time limit ?
      I must admit that I am confused how this works in practice. I assume most umbrellas just hope that the employees don't know their rights. The alternative of course would be to hold on to a deduction from the gross rate to cover these potential costs and then pay a bonus periodically when/if they don't materialise.

      There is also the same issue with paid holidays, since paid holidays are required (although you can partially mitigate this with the fact that there is no requirement for paid bank holidays). Especially since I am reasonably sure it is now not allowed to claim the holiday pay is rolled up in the wage.

      Since these payments ultimately can only come from your money - I imagine the total payroll of an umbrealla would put it outside the recalim limit - it seems unlikely that an umbrella covering itself woulkd look attractive.

      Comment


        #4
        This is a topic we are currently debating with the Inland Revenue and the DTI, who have given us conflicting advice. Our business is one of invoicing and payroll management. We do not hold ourselves out to be anything more than that. The contractors we deal with do not consider themselves to be employees - they consider themselves to be contractors who choose for a variety of reasons to have their payroll run through an umbrella Company rather than their own Ltd Co. If they wanted employment rights they would simply go for a permie job.

        It is not in the remit of a payroll/invoicing agency to pay sick pay, maternity pay, redundancy, paternity or any of the other myriad of benefits.
        Were it to be so, or if the Revenue insist we must then you will see the rates that umbrella Companies charge increase substantially to cover these costs
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        Comment


          #5
          Standard payroll

          If you are running a payroll service then it is effectively simple to make allowances for SPP, SMP and SPP. These are all payroll deductions so you should be able to cope with them. Or?!

          Comment


            #6
            Originally posted by LisaContractorUmbrella
            This is a topic we are currently debating with the Inland Revenue and the DTI, who have given us conflicting advice. Our business is one of invoicing and payroll management. We do not hold ourselves out to be anything more than that. The contractors we deal with do not consider themselves to be employees - they consider themselves to be contractors who choose for a variety of reasons to have their payroll run through an umbrella Company rather than their own Ltd Co. If they wanted employment rights they would simply go for a permie job.

            It is not in the remit of a payroll/invoicing agency to pay sick pay, maternity pay, redundancy, paternity or any of the other myriad of benefits.
            Were it to be so, or if the Revenue insist we must then you will see the rates that umbrella Companies charge increase substantially to cover these costs
            Lisa - if they are not employees of your company how on earth can they claim expenses? I am afraid you can't be a "payroll company" - take the revenue but not share the risks!

            Contractors don't always want a permie job nor can actually get one at times so you can't simply state that "if they wanted employment rights they would simply go for a permie job", the subject is more complex in the context of a flexible workforce.

            I see a change where some umbrella companies bite the bullet (and some have) and be honest about how people are employed and manage the rights/risks issues. That may mean higher admin fees but clearly some people want that.

            Comment


              #7
              Locked

              Can you please use the sticky to continue this thread.

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