A recent
investigation on Radio 5 live exposed some employment businesses using Travel
and Subsistence schemes as a tax loop hole.
Travel and subsistence
payments can be made perfectly legitimately were the worker is genuinely
incurring costs for travelling to different temporary places of work and
receipts are produced as evidence. The problem lies where the scheme is not
used for the purposes it was originally intended. The main concerns are where low paid temporary
workers are encouraged to join a scheme that is not relevant to them and
doesn’t benefit them in any way, in fact they could be faced with a huge tax
bill at the end of the day. According to
the report, these agencies are playing roulette with temps taxes to either
increase their own margins or drive down costs to compete for business. Payment is made through an umbrella or payroll
company which in some cases is also owned by the employment business. Low paid workers who live round the corner
from their workplace and take sandwiches to work should not be included in this
kind of scheme and are unlikely to be able to produce the relevant receipts
required by the HMRC.
Most
employers are trying to drive down costs and some of these deals may seem too
good to be true, but on closer investigation they could be potentially
dangerous both from an HMRC point of view, if they consider the agency worker has been
misled and damaging to an employer’s desire to be seen as an ‘employer of
choice’.
Kevin Green
from the Recruitment & Employment Confederation -the recruitment industry’s
governing body - was also interviewed on the 5 live programme and explained
that they are in contact with the HMRC and have told them that they are very
unhappy with the way schemes are being operated and pointed out that it is up
to the HMRC to resolve and enforce this issue.
The Low Income Tax Reform Group also commented in a recent
article, "We have little doubt that schemes which misrepresent the nature
of the employment, or exaggerate the travel expenses incurred, exploit workers
by putting them at serious risk of investigative action not only by HMRC but
also the DWP."
Louise
Hewett
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