Personal Service Companies - University of Oxford · Personal Service Company Remits PAYE The...

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Personal Service Companies Helen Grieves Finance Division Tuesday 28 March 2017

Transcript of Personal Service Companies - University of Oxford · Personal Service Company Remits PAYE The...

Page 1: Personal Service Companies - University of Oxford · Personal Service Company Remits PAYE The University engages and pays an individual who is set up as a PSC. The PSC remits PAYE

Personal Service

CompaniesHelen Grieves

Finance DivisionTuesday 28 March 2017

Page 2: Personal Service Companies - University of Oxford · Personal Service Company Remits PAYE The University engages and pays an individual who is set up as a PSC. The PSC remits PAYE

Background to change

A PSC is a Limited

Company set up by

an individual

They are used for contract jobs as

many recruitment agencies and

engagers will not hire self-

employed individuals.

Currently, the PAYE

and NIC liability sits

with the PSC

From 6 April 2017, this liability

moves from the PSC to the Public

Sector employer – in this case, the

University.

You were asked to

inform Finance on

numbers of PSCs in

your department

The Finance Division will then

contact departments with next

steps.

Page 3: Personal Service Companies - University of Oxford · Personal Service Company Remits PAYE The University engages and pays an individual who is set up as a PSC. The PSC remits PAYE

HMRCUniversity

department

Individual

Personal

Service

CompanyRemits PAYE

The University engages and pays an

individual who is set up as a PSC.

The PSC remits PAYE

and NIC on the payment

made to the individual

The individual

typically receives a

combination of

salary and dividend

Current position

Page 4: Personal Service Companies - University of Oxford · Personal Service Company Remits PAYE The University engages and pays an individual who is set up as a PSC. The PSC remits PAYE

HMRC

Individual

Personal

Service

Company

The individual

receives a

payment from the

University via the

PSC

Position from 6 April 2017

The University is responsible for assessing

and where appropriate deducting PAYE and

NIC when engaging a PSC

University

department

Remits PAYE

The PSC no longer

remits PAYE and

NICs to HMRC

Page 5: Personal Service Companies - University of Oxford · Personal Service Company Remits PAYE The University engages and pays an individual who is set up as a PSC. The PSC remits PAYE

Any payment for services provided for the University’s

departments or its subsidiaries will be paid through the

University’s payroll unless the engager can certify, as evidenced

from HMRC’s Employment Service Status (ESS) tool, that they

are not liable for Pay As You Earn (PAYE) tax and National

Insurance.

University policy

1) HMRC can issue fines of up to five times the value of the

contract

2) Reputational damage

Risks of non compliance

Page 6: Personal Service Companies - University of Oxford · Personal Service Company Remits PAYE The University engages and pays an individual who is set up as a PSC. The PSC remits PAYE

Employment Service Status: online tool

– Released earlier this month

– Determines employment status

– Binding on HMRC if used

accurately/truthfully

– Replaces ESI tool

– www.tax.service.gov.uk/check-employment-

status-for-tax/setup

Page 7: Personal Service Companies - University of Oxford · Personal Service Company Remits PAYE The University engages and pays an individual who is set up as a PSC. The PSC remits PAYE

Implications

• Contract status

• Increased employers payroll costs

• PSC contractor is treated as an employee for tax purposes

• The individual will not automatically gain employment rights

Impact on the

individual

• Contract status

• Increased employers payroll costs

Impact on the

department

Page 8: Personal Service Companies - University of Oxford · Personal Service Company Remits PAYE The University engages and pays an individual who is set up as a PSC. The PSC remits PAYE

Next steps

Where

appropriate,

PSC

contractors

are brought

onto payroll

Departments

and PSC

contractors

use the ESS

tool to

determine

status -

ongoing

Finance

Division

contact

departments

who need to

take further

steps

Departments

return

information on

PSCs to

Finance

Division

If you have any queries, please contact us:

• Email: [email protected]

• Call: (6)16142

• admin.ox.ac.uk/finance/news/psc

Page 9: Personal Service Companies - University of Oxford · Personal Service Company Remits PAYE The University engages and pays an individual who is set up as a PSC. The PSC remits PAYE

Identify need for work, find resource and

complete HMRC ESS Tool

Dpts

Depending on outcome, decide how to contract

“Non-employee” “Employee”“Inconclusive”

Individual or Ltd co?

Departmental action flowchart

IndividualSend the invoice or PRF to Payments, with the ESS Tool

outcome attached

Ltd companyNotify Purchasing team

Complete the PSRSend the invoice with the ESS

Tool outcome attached

Contact HMRCPut onto Payroll