FOI Request - Public sector off-payroll (IR35) reforms
Dear Winchester City Council,
In April 2017 Government introduced new rules into the public sector called the off-payroll reforms, commonly referred to as “IR35”.
https://www.gov.uk/guidance/off-payroll-...
We understand you may (or may not) have planned for this and developed a set of internal guidelines to be used when on boarding flexible workers, or contractors.
Please can you:
1. Tell us if you are familiar with these reforms – yes or no?
2. send us a copy of your internal guidelines used for any internal guidance,
3. send us any policies you use surrounding the reforms.
4. send us any documents you use to explain your policies to agencies who supply workers to you.
5. Send us your internal guidance explaining how you assess the status for each contractor.
Thank you.
Yours faithfully,
Dave Chaplin
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Customer Enquiry Response Email
Dear Dave Chaplin,
Thank you for your freedom of information request which was received by the Winchester City Council Customer Service team today (11/12/2018)
The request has been logged as received and has been passed to the appropriate department to be answered. You will receive a response within 20 working days
Thank you,
Emma Gardner
Customer Service Centre,
Winchester City Council.
Telephone: 01962 840 222
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Hello David
Thank you for your recent FOI request regarding IR35.
I can confirm we are familiar with these reforms. Please find attached our
guidance document and extract below from our managers guide written
jointly by HR and our sole provider for agency workers.
Many thanks, Nina
IR35
From 6 April 2017 there was a change in the law relating to the taxation
of payments made by public sector organisations to contractors who work
through their own company. This change included contractors who are paid
through an agency working for a public sector client.
The change in law requires the public sector client to determine whether a
role is such that payments should be treated as deemed employment payments
(called “within IR35”), and if so, then the organisation paying the
contractor is responsible for paying employers national insurance and
apprenticeship levy, and deducting employee national insurance and income
tax under PAYE.
We have introduced a process to assist public sector clients in making
this assessment. On our system we indicate whether a client is classed as
a public sector for the purpose of this law. For all public sector
clients, where a worker is working through their own company, we will ask
the client to inform them of the assessment and will deduct taxes
according to that assessment. There can be 3 alternative positions:
1. Client assessment is within IR35
We will revise the rate for the Contractor to reflect the payments and
deductions to be made;
2. Client assessment is outside IR35
We will ask the client for written confirmation and a copy of the HMRC on
line assessment performed by the client. If no such assessment has been
made, Randstad will refer the contractor for an independent assessment to
support the client direction;
3. Client gives no assessment
In this case we will default to treating the worker within IR35 but shall
continue to make enquiries of the client. Where a contractor disagrees
with the position, we will refer them for an independent assessment and
will then notify the client of that result and ask for the client’s
confirmation that they agree with the assessment made.
In each case a copy of the contractor assessment is kept in our records.
Nina Harper
HR Assistant
Winchester City Council
Colebrook Street
Winchester
SO23 9LJ
Tel: 01962 848418
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