Letter re off-payroll from HMRC

Dave Chaplin made this Freedom of Information request to University of Northampton as part of a batch sent to 207 authorities

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by University of Northampton.

Dear University of Northampton,

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

Annette Reeves, University of Northampton

2 Attachments

 

 

Ref: RMU/FoI(E20.06)/01512/FoIreply15Jan19

        

 

15^th January 2019

 

Dear Mr Chaplin

 

I am writing in acknowledgement of your request for information dated
15^th January 2019, which has been received by the University and passed
to me as the University’s Freedom of Information Officer for action.

 

The University is of the view that the topic of your request is
substantially similar to others we have received from you and so in terms
of calculating the amount of work In respect of the appropriate limit the
University will be engaging Section 12 of the Freedom of Information Act. 
When more than one request from the same person is received, relating to a
substantially similar subject, the estimated cost of complying with any of
the requests is to be taken to be the estimated total cost of complying
with all of them.

 

Your request for information has been assigned the number referenced above
and will be treated in accordance with the provisions of the Freedom of
Information Act 2000. We will endeavour to provide you with an answer
before the statutory deadline, however please note that under the
provisions of the Act the University has until 12^th February 2019 to
respond to your request.

 

Yours Sincerely

 

Annette Reeves

 

On behalf of:

 

Phil Oakman

Records Manager

 

Annette Reeves

Records and Archive Assistant

Records Management Office

Tel. (01604) 892963

 

[1]cid:BDCAE6FE-7A6F-4E28-A037-F0391F3D0A2D

 

[2]northampton.ac.uk

 

University of Northampton, Newton

St Georges Avenue, Northampton, NN2 6JB

 

Follow the story on social media

[3]http://www.northampton.ac.uk/social-medi...

 

 

 

 

 

University of Northampton: Transforming Lives and Inspiring Change
www.northampton.ac.uk This e-mail is private and may be confidential and
is for the intended recipient only. If you are not the intended recipient
you are strictly prohibited from using, printing, copying, distributing or
disseminating this e-mail or any information contained in it. We virus
scan all E-mails leaving The University of Northampton but no warranty is
given that this E-mail and any attachments are virus free. You should
undertake your own virus checking. The right to monitor E-mail
communications through our networks is reserved by us.

References

Visible links
2. http://www.northampton.ac.uk/
3. http://www.northampton.ac.uk/social-medi...

Annette Reeves, University of Northampton

2 Attachments

 

 

Ref: RMU/FoI(E20.06)/1512/FoIreply23Jan19

 

23^rd January 2019

 

Dear Mr Chaplin

 

I write in response to your request for information dated 15^th January
2019 received by the University and passed to me as the University’s
Freedom of Information Officer for action.

 

In answer to your request for:

 

1.                   Confirmation as to whether you received the letter

 

No. The University of Northampton did not receive the letter.

 

2.                   Confirmation as to whether you responded to the
letter to HMRC.

 

N/A

 

3.                   Confirmation as to whether you provided ANY or all of
the information to HMRC.

 

N/A

 

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.

 

N/A

 

 

I hope the University has made its response in a clear and constructive
manner; however, if you consider the University has handled your request
unfairly you are entitled to follow the process set out in our standard
advice on the University's Freedom of Information Complaints Procedure
which is available online at:

[1]University FoI complaints procedure

 

 

Yours sincerely

 

Annette Reeves

 

On behalf of:

 

Phil Oakman

Records Manager

 

Annette Reeves

Records and Archive Assistant

Records Management Office

DDI: +44 (0)1604 892963

 

[2]cid:BDCAE6FE-7A6F-4E28-A037-F0391F3D0A2D

 

[3]northampton.ac.uk

 

University of Northampton, Newton

St Georges Avenue, Northampton, NN2 6JB

 

Follow the story on social media

[4]http://www.northampton.ac.uk/social-medi...

 

Copyright:

 

All information the University sends in response to Freedom of Information
requests will, where appropriate, be the sole property of The University
of Northampton and is protected by copyright.

The University of Northampton asserts its moral rights in respect of its
information. Information is made available to you strictly on the
conditions that:-

o it is for personal research;
o the information may not be copied, manipulated, republished,
redistributed or otherwise made available to any other person or
placed on a website or online service.

 

Any infringements of The University of Northampton’s intellectual property
rights may result in legal action

 

 

 

University of Northampton: Transforming Lives and Inspiring Change
www.northampton.ac.uk This e-mail is private and may be confidential and
is for the intended recipient only. If you are not the intended recipient
you are strictly prohibited from using, printing, copying, distributing or
disseminating this e-mail or any information contained in it. We virus
scan all E-mails leaving The University of Northampton but no warranty is
given that this E-mail and any attachments are virus free. You should
undertake your own virus checking. The right to monitor E-mail
communications through our networks is reserved by us.

References

Visible links
1. http://tundrasearch.northampton.ac.uk/re...
3. http://www.northampton.ac.uk/
4. http://www.northampton.ac.uk/social-medi...