1. Supply Models & Employment Status
Demystified
Presented by Samantha Hurley
Head of External Relations at APSCo
26th September 2013
2. PAYE
Usually referred to as a temp worker
Engaged/employed directly by
recruitment firm
Taxed at source, like an employee
Suitability: anyone, normally lower-paid
3. Limited Company (PSC)
Commonly referred to as contractors
Engaged via own ltd company (PSC)
Business to business contract (CFS)
PSC is paid gross
Referred to: “genuinely self-employed”
Has to administer company
Not really suitable for lower-paid/
skilled
4. Umbrella Company
Still ltd, engaged via CFS & paid gross
Employed by umbrella company
Tax benefit: travel & subsistence
Compared to PSC: some tax benefit
without hassle of running business
Can be suitable for anyone
Not Managed Service Companies
(MSCs)
5. Self Employed
Not common
Individual engaged directly by
recruitment firm & paid gross
Potential exposure to tax liability for
recruitment firm
Not many recruitment firms will use this
model
6. Advice to New Contractors
Don’t give advice, give information
Contractor: own research/own decision
Some recruitment firms have umbrella
PSLs:
– regular due diligence
– don’t recommend
– give them a choice
– APSCo affiliate
7. Employment Status
Employment status tests:
– Control / Substitution / Moo / Rectification
Employed
Self-employed: directly or through PSC
Agency Worker
– PAYE temp
– Umbrella company contractors
8. Importance of Employment
Status in Legislation
AWR
– In business on own account outside scope
– Assumption all PSCs out of scope
– Agency Worker in scope
Conduct Regs
– PSC & umbrella contractors can opt out
– PAYE contractors in scope
9. Importance of Employment
Status in Legislation
IR35
– If in reality an employee despite PSC then
in scope
– If self-employed then outside scope
– If inside declare all earnings as income