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Aston Carter

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    Aston Carter

    My current contract is through Aston Carter, I've just received an email from them containing a 'compliance declaration' which seems to contain a load of questions for information that shouldn't really concern them. Did anyone else get one of these?

    See below for an OCR'd version of the questions.

    turbo

    --------------------------------------------

    Section 1 - What type of intermediary do you supply your services through?

    1 Do you contract using a legal entity other than a limited company? It YES please complete sections 1 and 4.

    2 Would you describe your company as a personal service company (PSC)? If YES please complete sections 1 and 2.

    3 Would you describe your company as an umbrella company which employs you and pays your income under PAYE? If YES please complete sections 1 and 3.

    Section 1 - Company Information

    In this section references to “company” mean the company or other intermediary through which you provide your services

    Company Name
    Consultant Name
    Email Address
    Registered Office Address
    Correspondence Address
    Incorporation Number
    VAT Registration Number
    Bank Name and Address
    Sort Code
    Account Number

    Please provide copies of the following documents
    Certificate of Incorporation
    VAT Registration
    Professional indemnity Insurance
    EAA Opt-out notification

    Please only complete the sections related to the services your company provides if this is all 3, please complete all.

    --

    Section 2 - Personal Service Company

    1. Are you the sole Director of the PSC?
    2. Do you own 100% of the shares in the PSC?
    3. Do you receive dividend payments from the PSC?
    4. Are you the sole worker providing service through the PSC?
    5. Please confirm that all payments made by Aston Carter are paid directly into the PSC bank account (details of which are given in section 1).
    6. Please confirm that the PSC bank account is not based outside the UK.
    7. Are you the sole person authorised to transact on the PSC bank account?
    8. Please confirm that the PSC bank account is used for the PSC alone.
    9. Do you sign contracts for and on behalf of the PSC?
    10. Do you create and issue invoices for the services supplied by the PSC? If not, please confirm who provides the service to the PSC.
    11. Does the PSC hold professional insurances? It YES please confirm that the PSC is named as the insured and that such insurance is not part of a block policy held by a third party.
    12. Please provide details of any accountancy and/or legal advisors to the PSC.

    --

    Section 3- Umbrella Company

    1. Does the umbrella company entering in to a contract with Aston Carter engage the individual contract as an employee under a contract of service?

    2. Does the umbrella company contract with any third party for the supply of the contractor services?

    3. Does the contractor receive the benefit of any payments from the umbrella company in the form of dividend, loan payments or payments into any employee benefit trust or share scheme?

    3.1. If yes please outline in full what form of payment and how this is decided.
    Last edited by turbo; 17 April 2007, 11:07.

    #2
    Depends how bolshie you want to be.

    Write back and ask them what they believe a PSC to be, since it is not legally defined anywhere. Point out that YourCo's financial affairs, nominated directors and shareholdings are already in the public domain and they can easily retrieve details from the annual accounts lodged with Companies House. Point out that if they want guaranteed indemnities, they will need to use a true B2B contract and ensure it is reflected in the one they hold with the end client. And remind them that what was S134c and is now s75/77 of ITEPA is intended to provide just that indemnity, with all financial risk stopping at YourCo so what exactly are they asking for anyway.

    Then await developments.
    Blog? What blog...?

    Comment


      #3
      Good answer.
      "Experience hath shewn, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny. "


      Thomas Jefferson

      Comment


        #4
        Was waiting for this. I reckon all agencies and end clients will be asking these questions soon. They need to ensure they cannot be held liable for taxes under the new MSC legislation.

        Where did limited liability go!

        Comment


          #5
          Originally posted by Lewis
          Was waiting for this. I reckon all agencies and end clients will be asking these questions soon. They need to ensure they cannot be held liable for taxes under the new MSC legislation.

          Where did limited liability go!
          I don't quite understand how asking these questions prevents them from being liable.

          turbo

          Comment


            #6
            Originally posted by turbo
            I don't quite understand how asking these questions prevents them from being liable.

            turbo
            Asking the questions doesn't prevent them from being liable but I assume they are trying to work out if any contractors are caught, if you answer the questions in a manner which indicates you are working through a now banned MSC I wouldn't be surprised if they asked you to either change you working practices or go elsewhere. Just a guess but that's what it sounds like to me, they have to so something to protect themselves.

            Comment


              #7
              I don't think I would pass - I would have to answer no to the questions as my husband is a director as well, and I certainly intend to pay dividends - haven't done so yet. It's still my company though - not a MSC variant and never was!
              Hays are asking for various bits of proof as well - but not those questions. I had to pay £1 for the Companies House report & send it to them! I think some of the agencies have got very very scared by the new legislation

              Comment


                #8
                Originally posted by dmini
                I think some of the agencies have got very very scared by the new legislation
                Correct, exactly what HMRC wants...
                Cenedl heb iaith, cenedl heb galon

                Comment


                  #9
                  Originally posted by dmini
                  I don't think I would pass - I would have to answer no to the questions as my husband is a director as well, and I certainly intend to pay dividends - haven't done so yet. It's still my company though - not a MSC variant and never was!
                  Hays are asking for various bits of proof as well - but not those questions. I had to pay £1 for the Companies House report & send it to them! I think some of the agencies have got very very scared by the new legislation
                  I say again - it's none of their business, and you need to answer in that vein. For example, I trust you will be adding the £1 fee to your next invoice, since it is they who wanted the information and they should have paid to get it from CH themsleves
                  Blog? What blog...?

                  Comment


                    #10
                    I've updated my original post to include all the questions etc...

                    Comment

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