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Stop Notice published by HM Revenue & Customs
The user of the arrangements (‘Scheme User’) enters into an ‘Employment Contract’ with ‘the Employer’ (‘Astra Ltd’). The Employment Contract provides that the employee will be paid at the National Minimum Wage (NMW) and National Living Wage (NLW) rate.; The Scheme User enters into a second agreement with Astra Ltd called a ‘Commercial Loan Agreement’. The agreement provides for Astra Ltd, as lender, to make loans under the terms set out in the agreement, and as set out in the loan repayment schedule to the employee, as the borrower.; A UK based umbrella company, TGI Payday Ltd, enters into an ‘Agreement for Administrative Services’ with Astra Ltd.; TGI Payday Ltd contracts with an employment agency (‘the Employment Business’). The agreement provides that TGI Payday Ltd will provide the services of an agency worker (a Scheme User) to the Employment Business and that the Employment Business will provide the Scheme User’s services to the end user ‘the Hirer’.; The Scheme User undertakes work for the Hirer and submits timesheets to TGI Payday Ltd.; TGI Payday Ltd raise an invoice to the Employment Business for the hours worked by the Scheme Users. The Employment Business pays the invoice amount to TGI Payday Ltd.; TGI Payday Ltd pay most of the invoice total to the Employer, Astra Ltd. Astra Ltd then make a salary payment to the Scheme User at theNMW/NLWrate through the payroll and a second payment under the Commercial Loan Agreement which is not made through the payroll and not subject to tax or National Insurance contributions (NICs).
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