General Terms of new contract

[kingcook]

I've just been offered a contract with a government agency and the general terms of the agency involved contain the following clauses:

Under the new Intermediaries legislation we are responsible for making quarterly submissions to
HMRC detailing everyone working with us who is not on a PAYE payroll. This includes your name,
NI number, how much we have paid your Limited Company, how many hours you have worked
and details of how you are being paid. HMRC are then able to cross check your tax records
against what we say has been paid to you.

<snip>

"new" Intermediaries legislation?

Do they mean this draft legislation, that may or may not come out until next year?

https://www.gov.uk/government/public...gulations-2015

[Copt Out]

Had a chat with the agent

I've talked to the agent and apparently this 'Intermediaries Legislation' is a new requirement and they have to pass both public and private sector contract information to HMRC. I've never heard of this before and from what KingCook has posted it sounds like it's not yet a requirement. Hmmmmm. However they are running a lot of the changes that QDOS have recommended past their legal team so I'm waiting to hear back.

Apparently no contractor has ever asked to stay opted in before and the contract has never caused an IR35 related problem in all these years - if I had a penny for every time I've heard that!!! To be fair the agent was very fair when I chatted to him so only time will tell.

[Zero Liability]

"new" Intermediaries legislation?

Do they mean this draft legislation, that may or may not come out until next year?

https://www.gov.uk/government/public...gulations-2015

It's still in consultation, isn't it?

[SueEllen]

It's still in consultation, isn't it?

It closed last week or something.

[LisaContractorUmbrella]

"new" Intermediaries legislation?

Do they mean this draft legislation, that may or may not come out until next year?

https://www.gov.uk/government/public...gulations-2015

I think it might be this ESM2042 - Agency and temporary workers: agency legislation - provisions from 6 April 2014: record-keeping and returns (6 April 2014 onwards)

[glippiglop]

I think it might be this ESM2042 - Agency and temporary workers: agency legislation - provisions from 6 April 2014: record-keeping and returns (6 April 2014 onwards)

I notice it references 'individuals' and 'self-employed' people, so contractors running a ltd wouldn't be covered by this legislation I assume.