Letter re off-payroll from HMRC

Cardiff University Nid oedd gan y wybodaeth y gofynnwyd amdani.

Dear Cardiff University,

The Off-payroll legislation was introduced in Chapter 10 of the Income Tax (Earnings and Pensions) Act 2003, with the new legislation going live from April 6th 2017. This new legislation overrode, in the public sector, the existing Intermediaries Legislation (Chapter 8, ITEPA).

The new legislation is here:
https://www.legislation.gov.uk/ukpga/201...

Around July 2018 HMRC sent your body a letter asking for information related to “Checking compliance with the rules from April 2017”

For easy identification, a copy of the letter is as follows:

-- Letter start --

Off Payroll Reform in the Public Sector
Section 61M Chapter 10 ITEPA 22003 and Regulation 13 Social Security (Miscellaneous Amendments No.) Regulations 2017

Following the introduction of chapter 10 ITEPA 2003 and certain amendments to chapter 8 ITEPA 2003 (“IR35”), new rules apply in relation to off-payroll working in the public sector from 6 April 207. Where individuals work and are paid through their own intermediary, public authorities as defined in the legislation) are now responsible for deciding whether the rules apply. Where a person is assessed as being with the new rules, the public authority agencies and third parties paying the fee for the services of the worker must operate tax, NICs and operate the Apprenticeship Levy.

I would like to check your compliance with the new legislation, including any systems you have introduced to help you decide whether the offpayroll rules should apply when engaging workers via their own intermediary (either directly or via an agency or other labour provider). Such an intermediary will often be a ‘personal service company’, but as the legislation also applies where a worker is engaged via a partnership or another person, I will use the terms ‘PSC or other intermediary’ and ‘PSC etc’ in this letter.

I have listed the information we need below and would be grateful for your response by 31 August 2018. If the amount of information I have requested will make this difficult, please contact me to discuss how this can be managed.

Checking compliance with the rules from April 2017

1. Please describe the steps you took prior to April 2017:
i. to review the off-payroll engagement of PSCs or other intermediaries, to decide whether the off-payroll rules would apply
ii. please include an explanation of any different or additional steps taken in relation to PSCs etc that you engaged via an agency or other labour provider.

2. If different from 1 above, please describe the systems / processes currently in place to decide whether the off-payroll rules apply to PSCs etc, whether you engage them directly or via an agency or other labour provider. Please provide a copy of any internal guidance / operating procedures for your staff, and comment on:
i. who is responsible for carrying out the checks and approving decisions
ii. whether the Check Employment Status for Tax tool (CEST) is used to inform decisions as to whether the rules apply, and
iii. how you ensure compliance where the PSC is engaged via an agency or other labour provider.

3. For the tax year 2107/2018, if you directly engaged with and paid any worker’s own PSC or other intermediary, please tell us:
i. the total number of such PSCs etc that you engaged directly
ii. the number of such PSCs etc that you decided were within the scope of the legislation
iii. if different from (ii), the number of such PSCs etc that have been subject to deduction of tax and NIC and included in an RTI submission
iv. the number of such PSCs etc that you decided were outside the scope of the legislation
v. the names, addresses and a brief description of the worker role / nature of services provided by the PSCs etc within (iv) above.

4. For the tax year 2017/18, if you were invoiced by any agency or other labour provider for services via a worker’s own PSC or other intermiary, please provide the name of each such agency or other labour provider and, or each of them, please tell us:
i. the total number of such PSCs etc supplied by that agency / labour provider
ii. the number of such PSCs etc that you decided were within the scope of the legislation
iii. whether you told the agency / labour provider that the rules applied for every PSC etc within (ii) above and if not, please explain why not)
iv. the number of such PSCs etc, that you decided were outside the scope of the legislation
v. the name, addresses and a brief description of the worker role / nature of services provided by the PSCs etc within iv) above.

5. Please identify any workers / PSCs etc that you decided were within the off-payroll rules, which have subsequently been engaged / paid via umbrella companies. Do you have any policy in place that encourages the use of umbrella companies for those found to be within the rules?

6. For those not working through umbrella companies, have any workers that previously worked through their own PSC etc subsequently entered into employment contracts with your group?

7. The offpayroll rules do not apply where a public authority has fully contracted out servicces to a third party e.g. an outsourcing company operating under a contract where the workers do not personally provide their services to the public authority. If you believe this applies to you, please provide an explanation for the affected contract(s).

More information about the check

I enclose factsheet CC/FS1c ‘General information about compliance checks into certain large and complex businesses’. Please take time to read this, it gives you more information about this type of check. I also enclose factsheet CC/FS22 ‘Sending us electronic records’.

If you have any questions, please contact me using the details shown at the top of this letter.

-- Letter end --

Please can you provide:

1. Confirmation as to whether you received the letter
2. Confirmation as to whether you responded to the letter to HMRC.
3. Confirmation as to whether you provided ANY or all of the information to HMRC.
4. A copy of your response to that letter with the following direction: Instead of the exact answers for 3(v) and 4(v) (which are likely to be confidential) please instead tell us the number of items on those lists.

If the FOI time limit of 3.5 hours is such that not all of these records can be obtained in the time limit of 3.5 hours, then please provide as much as possible until the time limit is reached. Thank you.

Yours faithfully,

Dave Chaplin

InfoRequest, Cardiff University

Dear Dave

I acknowledge receipt of your email received by this office on 15 January 2019 in which you requested information regarding a compliance letter from HMRC.

Your request will now be dealt with under the Freedom of Information Act 2000 and has been allocated reference FOI19-026 which should be quoted in all correspondence. We will respond to your request within 20 working days starting the next working day after receipt, therefore you can expect to receive a response no later than 12 February 2019.

Where we consider that we will not be able to meet this deadline or if further time is required to consider the public interest test we will contact you as soon as possible and give you a revised date for response.

In some circumstances a fee may be payable and, if that is the case, we will let you know. A fees notice will be issued to you, and you will be required to pay before we will proceed to deal with your request.

Yours sincerely

Gail Thomas
Swyddog Sicrwydd
Adran Cynllunio Strategol a Llywodraethu
Prifysgol Caerdydd
2il Lawr, Friary House
Heol y Brodyr Llwydion
Caerdydd
CF10 3AE
Ffôn: +44 (029) 2087 5327
Ebost : [email address]  

Mae'r Brifysgol yn croesawu gohebiaeth yn Gymraeg neu'n Saesneg. Ni fydd gohebu yn Gymraeg yn creu unrhwy oedi.
Gail Thomas
Assurance Officer
Strategic Planning and Governance
Cardiff University
2nd Floor, Friary House
Greyfriars Road
Cardiff
CF10 3AE
Tel: +44 (029) 2087 5327
Email: [email address] 

The University welcomes correspondence in Welsh or English. Corresponding in Welsh will not lead to any delay.

dangos adrannau a ddyfynnir

InfoRequest, Cardiff University

Dear Dave

Further to our email of 15 January 2019, unfortunately we will not be in a position to provide you with a response by the original deadline of 12 February. We anticipate we will require a further 10 working days to provide a response and therefore you can expect to receive a response by 26 February 2019.

We apologise for any inconvenience.

Kind regards
Gail

Gail Thomas
Swyddog Sicrwydd
Adran Cynllunio Strategol a Llywodraethu
Prifysgol Caerdydd
2il Lawr, Friary House
Heol y Brodyr Llwydion
Caerdydd
CF10 3AE
Ffôn: +44 (029) 2087 5327
Ebost : [email address]  

Mae'r Brifysgol yn croesawu gohebiaeth yn Gymraeg neu'n Saesneg. Ni fydd gohebu yn Gymraeg yn creu unrhwy oedi.
Gail Thomas
Assurance Officer
Strategic Planning and Governance
Cardiff University
2nd Floor, Friary House
Greyfriars Road
Cardiff
CF10 3AE
Tel: +44 (029) 2087 5327
Email: [email address] 

The University welcomes correspondence in Welsh or English. Corresponding in Welsh will not lead to any delay.

dangos adrannau a ddyfynnir

InfoRequest, Cardiff University

Dear Dave

I am writing in response to your Freedom of Information request dated 15 January 2019 in which you requested information regarding a compliance letter from HMRC.

For ease of reference, I have reproduced your questions below and set out our corresponding responses.

Please can you provide:

1. Confirmation as to whether you received the letter
2. Confirmation as to whether you responded to the letter to HMRC.
3. Confirmation as to whether you provided ANY or all of the information to HMRC.
4. A copy of your response to that letter with the following direction: Instead of the exact answers for 3(v) and 4(v) (which are likely to be confidential) please instead tell us the number of items on those lists.

Having checked with the departments likely to have received such correspondence, we have no record that this letter has been received.

I trust this information satisfies your enquiry. The University has a Freedom of Information Complaints Procedure should you feel dissatisfied with this response or the way in which your request was handled. Complaints must be made in writing and must set out why you believe the University has not met its obligations under the Freedom of Information Act. You may email your complaint to [email address] where it will be forwarded to the Director of Strategic Planning and Governance who will be responsible for overseeing the review.

If you remain dissatisfied following the outcome of your complaint, you have the right to apply directly to the Information Commissioner for consideration. The Information Commissioner can be contacted at the following address: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

I would like to take this opportunity to thank you for your interest in Cardiff University. If you require further assistance please feel free to contact me.

Yours sincerely

Gail Thomas
Swyddog Sicrwydd
Adran Cynllunio Strategol a Llywodraethu
Prifysgol Caerdydd
2il Lawr, Friary House
Heol y Brodyr Llwydion
Caerdydd
CF10 3AE
Ffôn: +44 (029) 2087 5327
Ebost : [email address]  

Mae'r Brifysgol yn croesawu gohebiaeth yn Gymraeg neu'n Saesneg. Ni fydd gohebu yn Gymraeg yn creu unrhwy oedi.
Gail Thomas
Assurance Officer
Strategic Planning and Governance
Cardiff University
2nd Floor, Friary House
Greyfriars Road
Cardiff
CF10 3AE
Tel: +44 (029) 2087 5327
Email: [email address] 

The University welcomes correspondence in Welsh or English. Corresponding in Welsh will not lead to any delay.

dangos adrannau a ddyfynnir