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Stop Notice published by HM Revenue & Customs
Users enter into an employment contract with1CU. The Contract of Employment stipulates that the employee will work on client assignments. In relation to payment, it states that1CUwill pay the employee (‘the user’) the applicable National Minimum Wage or, if applicable the National Living Wage (NMW/NLW).; At the same time, or shortly afterwards,OCPissue to the user a share inOCPin a unique cell specific to the user.; 1CUinvoice the recruitment agencies or end clients for the services carried out by the users. This is calculated using the timesheets submitted to1CULtd by the users at the appropriate hourly rate.; 1CUreceive the funds for the services carried out by Scheme Users from the recruitment agencies or end clients.; The amount that each user is entitled to be paid is confirmed in the Employment Contract as being in line with theNMW/NLW, althoughHMRChas seen evidence of payments being made at slightly higher rates.1CUmakes a payment to the user in line with, or slightly above, theNMW/NLWhourly rate. This is confirmed by the payslips and the bank statements of Scheme Users.; A secondary payment is made to the users byOCP. The secondary payments are said to be made in connection with an increase in the value of the share in the unique cell specific to the user. NoPAYEIncome Tax is deducted and accounted for in respect of the payment, nor are any National Insurance contributions (NICs) deducted and accounted for in respect of the payments.; This payment is confirmed in the payslips issued by1CUand is deemed not to be subject to Income Tax orNICs.
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