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Onshore Employment Intermediaries Legislation - Demands from an agency

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    Onshore Employment Intermediaries Legislation - Demands from an agency

    Just had this from one of my Agents (faceless corporate entity rather than one of the smaller ones).

    Dear DaveB,

    The Onshore Employment Intermediaries Legislation was introduced by HMRC on 6th April 2014. All UK recruitment firms have a statutory requirement to comply with this legislation.

    Clueless Idiots Recruitment has continued to work in consultation with APSCo (the Association of Professional Staffing Companies) and HMRC to review the impacts of the legislation, and we are now enclosing the documentation we require you, as a personal service company, to complete in order to confirm compliance with the legislation.

    It is essential that we have this information available for HMRC inspection as of 1st April 2015. Failure to provide this data by this date will result in an escalation to your Account Manager who will update the client as necessary.

    As a reminder and to assist: as a Limited Company worker, can we please ask you to:

    1. Complete Section 1 questions 1-6 in full. (Please note: For Q2 we require you to complete in full and provide either your Passport number or NI number. In Q3 ‘Your Contracting Entity’ refers to the Limited Company that you contract through)
    2. Complete Section 3 questions 1-24 in full.
    3. Sign the declaration on P9 to verify the information supplied and provide us with an electronic copy. (Please note that we receive the form without an original signature we will need to return it to you to complete)

    For further information please see below a link to the HMRC website which will provide you with additional information and I have also attached a communication from APSCo that should answer any questions you have around this request.

    https://www.gov.uk/government/public...g-requirements

    We thank you in advance for your co-operation and if you have any questions, please email [email protected]
    Leaving aside the fact that they didn't include any attachments and the link they provided doesn't work they are asking for way more than they are supposed to.

    According to the actual HMRC guidance :
    https://www.gov.uk/government/public...n-intermediary

    They should be reporting :

    Workers name, address, postcode
    NI Number
    The reason they didn't operate PAYE chosen from a list
    Start and end dates of contracts

    For LTD Co. contractors

    - total amount paid for the worker’s services - this is the total payment that you contracted for the worker’s services including any expenses and VAT
    - currency - this must be given in Great British pounds (GBP) or euros (EUR) and if the worker was paid in another currency it should be converted into Great British pounds or euros using HMRC exchange rates
    - whether or not VAT has been charged on the payment
    - the full name or trading name and address of who the intermediary paid for the worker’s services - this may be the worker’s company or partnership
    - Companies House registration number - only if the worker was engaged to do the work through a limited company (option D)


    Why they need 24 questions and multiple documents and signature to obtain this I have no idea. They also already have all that information anyway.

    Will be passing to IPSE (with the name of the agency) for their opinion.
    Last edited by DaveB; 22 April 2015, 18:31.
    "Being nice costs nothing and sometimes gets you extra bacon" - Pondlife.

    #2
    24 questions - blimey It does seem that some agencies are taking the 'better safe than sorry' approach
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    Comment


      #3
      I'm pretty certain that I use the same agency at the moment and have also received this from them. The bit that's causing me issue at the moment is the signature box where you are supposed to sign that you will not change any of this information for th duration of the assugnment.
      "Israel, Palestine, Cats." He Said
      "See?"

      Comment


        #4
        Originally posted by NickNick View Post
        I'm pretty certain that I use the same agency at the moment and have also received this from them. The bit that's causing me issue at the moment is the signature box where you are supposed to sign that you will not change any of this information for th duration of the assugnment.
        Did you get attachements and a working link in the email?
        "Being nice costs nothing and sometimes gets you extra bacon" - Pondlife.

        Comment


          #5
          Originally posted by DaveB View Post
          Did you get attachements and a working link in the email?
          No, of course not. I got a second email separately with that stuff in, then it's been an email a day to remind me to sign up. I've just replied /forwarded every one with my question in it.
          "Israel, Palestine, Cats." He Said
          "See?"

          Comment


            #6
            I was aked for a UTR. I pointed out that they don't need it but got no response.

            About a month later they sent out another reminder email (stating to ignore if you already submitted the info) - but this time they only asked for NI number.

            perhaps just sending them the HMRC doc and saying "no" will do the trick.

            Comment

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