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There is a difference

April 14, 2011 in AWR, Contractor News, Freelancing, Industry comment, Recruiter News

I wanted to take a few moments to remind a few people (mainly in the advisory community) that not all Umbrella Companies are villains and/or cowboys. I accept that advisors will want to drum up business by highlighting bad practice but at the same time not much balance is shown in my opinion. For the avoidance of doubt, here is what in combination, a compliant umbrella co should be doing:-

  • Truly employing workers with a guaranteed hours over arching employment contract AND paying out to workers when they don’t achieve their guaranteed lies with the umbrella. Being prepared to stand up at an employment tribunal, defend a discrimination or stump up if a client fails to pay all fall within the remit of the employer.
  • A safe and compliant umbrella company will NOT provide the highest net wages for a worker. It’s so much more than a tax / payroll solution and protects not only the worker but the end client a d of course the Agency. It should be simple and hassle free but at the very core is a principle of doing the right thing, not the easy already being done.

So, Parasol and a few others will continue to thrive because at our very core we believe that doing it right is so much more rewarding in the long run for everyone concerned. It’s up to us to distance ourselves from much of what is bad and based on short term goals and Parasol will be doing this.

We welcome the future with great optimism and confidence.

EBT and racy tax models fail us again

March 16, 2011 in Contractor News, Freelancing, Industry comment, Recruiter News, Tax

The hills are alive with the sound of another Employee Benefit Trust (EBT) scheme failure. Contractors unpaid, agencies paying twice and end clients wondering what the heck it has to do with them!

I have written, spoken and moaned about the risks of using these solutions but the damage has once again been done. I will say once again that Contractors can’t be surprised when the authorities end up mass legislating to prevent what is seen as cowboy behaviour.

I even saw a scheme advertised yesterday (with the usual QC opinion point to support it) suggesting a 100% return eg no tax! How can that be morally correct let alone sensible?

Agencies must look very carefully at who helps them manage contractors and Contractors need to be aware that when an Agency prefers a supplier, it should be for all parties benefit in terms of risk reduction.

AWR – so what do we really know?

February 11, 2011 in AWR, Contractor News, Freelancing, Industry comment, Recruiter News

We at Parasol have been running an Agency Workers Regulations website for some time now and like to think we are reasonably close to developments. We work with over 2000 recruitment businesses so hear a lot about what is concerning staffing businesses big and small. We are also a founder member of the FCSA trade association whom are involved in the DBIS guidance workshops alongside the REC, CBI, TUC, APSCo and others. I’m not saying we are on the “inside”, no one is but I do like to think we are very close to the subject matter and can therefore provide a decent balanced view.

So, what do we know?

  1. Guidance will not be a silver bullet and is not law, the regulations are.
  2. Guidance will make things clearer though.
  3. The complexity of the UK flexible workforce industry is not recognised in the regulations, all temporary workers in all guises are basically vulnerable.
  4. There is definitely not one size fits all solution.
  5. It is an opportunity for recruiters to show added value to end-clients.
  6. Contractors/freelancers are largely unaware of implications.
  7. There are risk management and operational framework techniques available.
  8. It’s not the end of the world.
  9. A properly constituted employment services provider (umbrella as was) is already 8/10ths of the way to AWR compliance now.
  10. Shameless plug – Parasol are experts in the field of temp workforce management.

So what can Agencies expect to need to do and resolve with clients? Well, dialogue is important and bringing people up to speed. This is not on the basis of fear, it’s on the basis of understanding where an end-client sees the temporary workforce going for them. At worse case, the staffing business is going to need to collect some data about rates of pay from that end-client and in turn be prepared to pass that data on to providers that will largely mitigate the risks for the agency and the end-client. In addition, there may need to be conversations around margin, rates and tenure but is that really such a bad thing?

And what about swedish derogation I hear you cry as you unpack your meatballs and sofa. Well, there is certainly the basis of a compliant (I hate the word “outside”) AWR model and again I will make the point that the model is very close to what a professional provider (Parasol) does today. Adding the extra componets is not trivial but equally with a long term view, achievable.

Let’s not forget that the courts will be the judge of this new world and as we have seen in Germany (Union class cases) the need for a staffing business to engage with a professional provider is paramount.

Our AWR site has of course more details and do get in touch via this site or one of the others if you have any specific questions you would like answering. See you at an AWR seminar soon, we will be the ones with solutions, not gloom :)

How was 2010 for you?

January 4, 2011 in Contractor News, Freelancing, Industry comment, Life, Recruiter News, Tax

Welcome to 2011 and very best wishes to everyone for the year ahead. Let’s hope it’s happy, healthy and of course prosperous. Here at Parasol and Clearsky we are looking forward to another busy year and as we approach our 11th year of trading, there is much to be done.

2010 was an interesting year in many respects, January 2010 saw the high profile collapse of an “Umbrella” company and I use the quotes as the reality of the model was once again exposed and the spectre of offshore activities discovered. The noise around the Agency Workers Regulations (AWR) intensified as the reality began to sink in and this was followed by National Minimum Wage consultations and HMRC consultations on the overall operation of PAYE. The new Government then instigated the office of tax simplification and ir35 once again regained top spot in Contractor related news and debate. More offshore solutions came under pressure through some high profile collapses and alleged financial irregularities. So on the political landscape it was pretty full on and our founding membership of FCSA helped us contribute and educate on many of these issues for the (usually unseen) benefit of Contractors and Agencies alike.

The actual business of contracting was tough with roles and rates remaining a challenge. I am not sure 2011 will be hugely different but I think steady progression is better than boom and bust. As we progress through the year  I also expect the noise around AWR to intensify, remember that the true employment based solution is already doing much of what AWR requires and this compliant solution will remain after October!

I therefore look forward to 2011 with sensible optimism and confidence that Contracting will remain a crucial part of the UK economy. We will be doing our very best to support this and have always been about the long term, here’s to the next ten years!!

Racy tax schemes under more pressure

October 5, 2010 in Business Expenses, Contractor News, Freelancing, Industry comment, Recruiter News, Tax

Back in October 2008 I blogged on the changes to the Isle of Man disclosure rules and suggested it might make it more difficult for those solutions to prosper. Well I was partly right and partly wrong so let’s deal with the wrong first.

Since that time (and of course before) those “schemes” have happily continued and backed by fistfuls of “leading QC opinion” and “disclosure to HMRC” have happily carried on advertising 85% to 90% nett return on invoice value. They often are based around a two level solution, some income via a PAYE model and then other income via employee trusts and/or loan solutions. Sound complicated? It is. One of the odd parts is that by claiming to an “employment Umbrella” and state “employment taxation” they then go on to brazenly advertise 90% nett take home pay! Last time I checked you couldn’t work via PAYE and take home 90%. As the discarded Verve song goes, “The maths don’t work”. Of course there will be variants to this, more income put through PAYE to reduce the level of scrutiny the scheme might attract or more IR35 checks. For the contractor it can amount to hassle or a lot worse and for Recruitment Agencies, risk and pain. Let’s also not forget that the Government gave HMRC powers to go back in time to look at tax treaties in the past and Contractor forums are littered with tales of stress. There will always be some people who will take the riskier route and good luck to them but the heat is being turned up. I can categorically state that HMRC are aware of many of these schemes and only for a lack of resource it seems, have not yet got around to looking into all of them.

The BBC recently reported that a arrest was made in the Isle of Man in relation to an alleged offence with the BBC stating, “A spokesman from HMRC said: “The investigation centres around the suspicion that tax avoidance schemes have been implemented fraudulently”. Police suspect schemes could have been sold to more than 600 subscribers with an estimated tax loss in excess of £90m.” In the current climate do we think that HMRC can allow £90m or thereabouts to not be collected? I hope the 600 users of said scheme have got good investigation insurance.

Let me be clear though, I’m all for true entrepreneurial spirit and class myself in that category. There are some small company reliefs out there that are relevant and can help a business get started and thrive. Ir35 is not exactly a great solution and the UK Government does not fully understand the dynamics of the flexible workforce, that said if you push the envelop to the extent that some do, then you really cannot complain when the authorities then have to legislate. So if you’re a contractor thinking of signing up to a “scheme”, please think twice and understand the risks involved. Those risks could be at least hassle and at worse, truly painful.

The expense playing field continues to level

August 20, 2010 in Business Expenses, Contractor News, Freelancing, Industry comment, Recruiter News, Tax

You may have seen that Parasol are founder members of the Freelancer and Contractor Service Association, a trade organisation that seeks to improve the professionalism and transparency of service providers to Contractors and has what we think is the most rigorous and detailed code of conduct. The code of conduct has many parts to it and actually engages with HMRC on the results (we have nothing to hide) but one of the most important part for Contractors, is the standardisation across members of the payment illustration. I’ve previously written about expenses on my blog and other sites for a good few years now and umbrella expenses still remains a constant point of misunderstanding and abuse. So how does FCSA help in this regard? Well, the members have agreed to standardise on both the substance of the calculation and the presentation of the results, more importantly however is that HMRC have been engaged in the overall process. That does not mean it’s HMRC approved, that will never happen for anyone or anything but when you have businesses out there still selling on inflated levels of expenses it’s a step in the right direction. It also means that service and added value becomes the competitive landscape, surely that’s better for everyone in the longer term.

The FCSA membership will grow and the professional providers that adopt the standard will be protecting Contractors livelihoods – claims of 89% net return still exist but trust me, it is too good to be true.

June Budget 2010 – Contractor win?

June 22, 2010 in Business Expenses, Contractor News, Freelancing, Industry comment, Life, Recruiter News, Tax

So Mr. Osborne delivered his first (seemed short and snappy to me) budget and whilst the devil is in the detail (available here ) here is my take on how it might help (or hinder) Contractors, Agencies and those important end clients. Let’s have a look at the “big things” first:

  • In general terms it appears to be a relatively pro business budget so that for those of us working in this sector, we may feel somewhat optimistic rather than doomed. The counter of is that the “25% cut in department spending” over four years could have ramifications for those working on Government projects. However, as is always possible, that could be actually countered by a permanent headcount freeze and supplemented by Contractors. Let’s not forget that UK Gov is one of the biggest users of Contractors!
  • It appears that the NI incentives to set-up businesses (outside of the land known as the “South East”) will also be helpful and will be interesting to see how that affects single or two person businesses.
  • VAT increase to 20% – could have some cash flow implications for smaller recruiters but providing decent credit control is in place it should not be an issue.

Turning to the real impact on Contractors I think we can say that it is relatively good news at that level (in other aspects it depends on your view on alcohol taxation etc and some of the proposed welfare cuts). I think the general view is that Umbrella contractors will get some benefits and those operating through Limited Companies will also feel some improvements.

  • Umbrella contractors will benefit from an increase in personal allowances to the tune of £1000 and with an increase in the employers NI threshold, the nett position should be an improvement. But what about the rise in VAT I hear you cry! Well, if you claim valid business expenses (and perhaps even more a reason to do so now) then you should be better off. If you’re an higher rate tax payer it could also mean that if you claim expenses and with an increase in allowances, your tax position could be better. The caveat is of course that the expenses must be legitimate and as everyone knows, we do not promote the abuse of this.
  • The reduction in small companies taxation to 20% will also be well received by small business and this will be the case for those operating a Limited Company. Those same companies may also benefit from those changes in employers NI and the commitment to review small business taxation (which includes ir35) is to be welcomed.
  • For some contractors, the increases in capital gains could be a pain if you have an extensive property portfolio but for those that are building up say a consulting business, the entrepreneurs relief improvement is of course welcome.

So – a generally pro Contractor budget in my opinion. It won’t be perfect for everyone but for those of us trying to get on and create some opportunities for ourselves and others, it sounds ok.

Interesting times ahead – ir35 to go?

May 24, 2010 in Contractor News, Freelancing, Industry comment, Life

So the dust has settled (for now) and our new masters are setting about making the changes they believe are necessary to improve our economy and improve our lot.

In the recently published coalition document there were probably two of three key specific Contractor related matters that come to mind:

  1. IR35 was mentioned along the lines of tax simplification;
  2. Public cuts;
  3. No mention of Agency Workers Regulations (AWR).

For me IR35 and tax simplicity for Contractors is all about “certainty”.  As drafted, IR35 is subjective and, therefore, using the same set of facts two different views can be taken.  If the legislation was clear and could provide a series of specific tests that then produced a balanced answer and that answer met a criteria level then taxpayers, advisers & HMRC would save a lot of time and certainty would be gained for all.

Cuts – I think that in the short term, public spending cuts may have an impact as certain Government department are forced to reduce temporary headcount and then permanent. Once that round is over, guess where they will probably go to then ensure key projects are then delivered?

I don’t agree with some commentators views that AWR will be removed or stopped. This is European wide legislation and therefore cannot be simply put to one side. It may get some guidance updates (welcome) but I can’t see it going!

Let’s hope the new government can address some of the issues that the flexible workforce faces as in my opinion, they are a crucial part of the UK’s recovery process.

The Ten Year Blog Post

March 31, 2010 in Contractor News, Freelancing, Industry comment, Life, Recruiter News

Ten years ago myself and Mark O’Brien along with some investment and support from our local accountants (Livesey & Spottiswood) started Parasol. We planned it in late 99 and by February 2000 we were ready. We started properly trading on 1st April 2000 and I spent that Easter putting the finishing “touch” to our first online timesheet portal. Written in perl (don’t ask but that link explains all!) it started the journey and it’s been a great journey since then.

I would like to thank all past and present Contractors for their support and custom, wouldn’t be much without you. We have also worked with many excellent Recruitment Businesses and their part in our journey also cannot be overlooked.

In that time we have looked after over 35,000 people and safely transacted over £2 billion pounds of Contractor income. There have been some lows (if you were around in April 2006 with a system change!) and there have been plenty of highs. We have remained focused on improving customer service, being efficient as possible (goes back to day one) and I am very proud of all the awards we have won as they are a testament to the hard work all the past and present Directors, managers and employees have put in. The biggest thank you should go to them.

Another milestone in the Parasol journey was in October 2006 when I completed a management buy-out that allowed our previous investors (and Mark) to exit the business and for a new impetus to start. I am grateful to Inflexion private equity for backing me and the team then, and for HSBC in supporting the transaction. We have since been able to invest in better systems and increase our capabilities. Late 2008 we added Quay Accounting to our family which we subsequently rebranded to Clearsky Accounting - our Limited Company accounting specialists.

2010 sees us looking at new opportunities and we are very well placed to make the most of these. The Parasol Group is proud of its accomplishments but is not standing still, can’t wait to reflect on the next ten years in 2020!

Thank you all for your support,

Rob.

Comparison..I know how Direct Line feel

January 26, 2010 in Contractor News, Freelancing, Industry comment, Recruiter News

Yet another new Umbrella Co popped up the other day and despite myself, I couldn’t help but visiting the website of said provider. Basic marketing premis seems to be cheaper fees than most (they feature a comparison page) and yet remain pretty anoynmous of some key points:

  • Fees are lower than ours but complete lack of clarity of what is included (e.g. insurances) at what levels;
  • No clues as to who is running it – no company reg details on the site – a basic legal requirement;
  • An “online” registration form which asks for bank details on an insecure connection.

I could go on but you get the point – I don’t mind competition at all, but I do feel duty bound to point out some glaring points that should be considered when assessing a provider. These are VERY basic points and when it comes to handling your wages, do some research.