Review of the tax arrangements of public sector appointees

Review of the tax arrangements of public sector appointees
Author: Great Britain: H.M. Treasury
Publisher: The Stationery Office
Total Pages: 24
Release: 2012-05-23
Genre: Business & Economics
ISBN: 9780101835022

The impetus for this review concerns questions about the tax arrangements of senior public sector appointees. Findings have revealed a lack of transparency around such tax arrangements, with over 2400 staff identified as off the regular payroll engagements who are employed by central government departments and their associated bodies. About 85% are engaged for longer than six months. Although such arrangements maybe appropriate, it is not absolutely clear to the employer whether a particular individual is paying the right amount of tax and National Insurance in relation to their role. To ensure future tax transparency in this regard, the review has set out a three pronged approach: (i) The most senior staff to be on the payroll; (ii) Employers to ensure that they have the right to seek assurance about the tax arrangements of long-term specialist contractors; (iii) Monitoring after one year, with sanctions applied to Government departments that have not complied with these recommendations.

Off-Payroll Arrangements in the Public Sector

Off-Payroll Arrangements in the Public Sector
Author: Great Britain: Parliament: House of Commons: Committee of Public Accounts
Publisher: The Stationery Office
Total Pages: 56
Release: 2012
Genre: Political Science
ISBN: 9780215048684

In May 2012 HM Treasury published its report on the use of off-payroll arrangements in central government ("Review of the tax arrangements of public sector appointees", Cm. 8350, ISBN 9780101835022). This showed that over 2,400 staff, each earning more than £58,200 a year, were being paid 'off-payroll' - a practice which generates suspicions of complicity in tax avoidance and which fails to meet the standards expected of public officials. The review's recommendations should go some way to reducing the prevalence of the practice, yet the scope of the review was limited in scope to central government and did not cover other public services, like Local Government, the NHS and the BBC. Some doubts about the Treasury's proposals remain. The Review stated that off-payroll arrangements can be used in 'exceptional circumstances' but does not clarify what these exceptional circumstances are. It also recommended that departments seek assurance that those staff who remain off-payroll are paying the appropriate amount of tax, but did not specify how departments could or should do this. Ultimately, whether those paid off-payroll are paying the right amount of tax is dependent on HM Revenue & Customs properly enforcing tax rules to ensure employees pay tax as employees. However, HM Revenue & Customs has progressively reduced its enforcement of the legislation designed to eliminate the avoidance of tax and National Insurance Contributions through the use of intermediaries, such as personal service companies, putting at risk any deterrent effect the rules might have on tax avoidance

Treasury Minutes on the Fifth, the Eleventh to the Thirteenth and the Fifteenth to the Sixteenth Reports from the Committee of Public Accounts Session: 2012-13

Treasury Minutes on the Fifth, the Eleventh to the Thirteenth and the Fifteenth to the Sixteenth Reports from the Committee of Public Accounts Session: 2012-13
Author: Great Britain. Treasury
Publisher: The Stationery Office
Total Pages: 40
Release: 2013-01-21
Genre: Political Science
ISBN: 9780101853422

Dated January 2013. The reports published as HC 104 (ISBN 9780215047670), HC 288 (ISBN 9780215047632), HC 532 (ISBN 9780215048684), HC 388 (ISBN 9780215048691), HC 103 (ISBN 9780215048653); HC 389 (ISBN 9780215049704)

Managing Public Money

Managing Public Money
Author: Great Britain. Treasury
Publisher: Stationery Office Books (TSO)
Total Pages: 69
Release: 2007
Genre: Finance, Public
ISBN: 9780115601262

Dated October 2007. The publication is effective from October 2007, when it replaces "Government accounting". Annexes to this document may be viewed at www.hm-treasury.gov.uk

House of Commons - Committee of Public Accounts: Whole of Government Accounts 2011-12 - HC 667

House of Commons - Committee of Public Accounts: Whole of Government Accounts 2011-12 - HC 667
Author: Great Britain: Parliament: House of Commons: Committee of Public Accounts
Publisher: The Stationery Office
Total Pages: 40
Release: 2013-12-12
Genre: Business & Economics
ISBN: 9780215064868

The Whole of Government Accounts for 2011-12 presents the combined financial activities of some 3,000 organisations. It provides vital data on which Government needs to act. Key issues have been identified, such as the £19.4 billion liability for clinical negligence claims. But it is frustrating to see other issues seemingly ignored in long-term policy making and spending decisions. In one year, the public sector was defrauded of over £20 billion and the tax gap rose to £35 billion. The financial liabilities for dealing with nuclear waste also keep growing. There is room for improvement in the document itself and how it is used. Users find it hard to understand, for example, why the Government debt and deficit highlighted in the WGA differ from those reported in the ONS's National Accounts. Also, by changing definitions in its commentary published alongside the WGA, the Treasury makes it difficult to track changes over time. The Treasury's introduction in the commentary of a new concept of so-called 'direct' expenditure leaves out key costs such as the interest paid on the National Debt. The publicly owned and controlled bodies - such as Network Rail and the taxpayer owned banks - are still being excluded, in defiance of normal accounting rules. The usefulness of the WGA is also being limited by the length of time it takes to produce the document and by poor quality data from some of the bodies. The accounts have again been qualified over the completeness, timeliness and accuracy of the information supplied for schools and academies

Personal Service Companies - HL 160

Personal Service Companies - HL 160
Author: The Stationery Office
Publisher: The Stationery Office
Total Pages: 72
Release: 2014-04-07
Genre: Business & Economics
ISBN: 0108553590

The term 'personal service company' is not defined in law. It is understood generally to mean a limited company, the sole or main shareholder of which is also its director, who, instead of working directly for clients, or taking up employment with other businesses, operates through his company. The company contracts with clients, either directly or through an agency, to supply the services of its director. There are many reasons for the use of personal service companies, including the possibility of reducing tax and national insurance bills. The Government's anti-avoidance legislation, often referred to as IR35, is complex and raises its own problems. The report is not intended to be a comprehensive reference work; instead it focuses on five main areas: (1) The use of personal service companies, relevant legislation and recent trends; (2) the continuing viability of the IR35 legislation; (3) HMRC's administration and the effect of recent reforms; (4) implications for the lower-paid; (5) the public sector. The Committee point to the absence of reliable information collected by HMRC. This could be rectified by amending the personal tax return and employer year end declaration and making the questions on service companies compulsory, rather than optional. HMRC failed to demonstrate that they had a sound basis for the £550m of tax and national insurance that they cited as being at risk if IR35 were to be abolished or suspended. Low-paid workers may not be aware that employment by these companies means they have fewer employment rights.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.