The Right to work in the UK

Do you know how to carry out a ‘right to work in the UK check?

The Immigration, Asylum and Nationality Act 2006 places a duty on employers to carry out checks to confirm someone’s right to work in the UK before employing them.

Punishments for employing an illegal worker are:

  • £20,000 for each illegal worker employed
  • Up to five years imprisonment for knowingly employing an illegal worker

Some employers may not know the specific checks and check-ups that must be used when employing a new worker:

The ‘Right to work Check’

Employers must carry out a ‘Right to work check’ on a worker before the employment begins to ensure that he or she is legally allowed to work in the UK and do the work in question. This check should be carried out on all employees to maintain accuracy and avoid any discrimination.

The ‘Right to work check’ means that an employer must check that a document, provided by the worker, is acceptable for showing the employee’s permission to work in the UK. There are three key steps to determine the check:

  1. Obtain the original version of one or more of the permitted documents
  2. Check the validity in the presence of the holder (worker)
  3. Take and retain a clear copy of the document in an un-editable format, e.g. PDF / JPEG, and record the date of the check.

These copies must be kept until 2 years after the employment ends.

List A and List B

HMRC provides two lists that show the documents required to prove a worker has the right to work in the UK. List A gives the documents that show the holder has an ongoing right to work in the UK. If an employer checks these correctly, they have an excuse against payment of a civil fine for the duration of that person’s employment.

Alternatively, List B gives documents that show the holder has the right to work in the UK for a limited time only. If an employer checks these correctly, they have an excuse against a civil penalty for a limited time. To retain a statutory excuse, another check must be carried out towards the end of this period.

HMRC’s employers guide to acceptable right to work documents explains list A and list B:

https://www.gov.uk/government/publications/acceptable-right-to-work-documents-an-employers-guide

HMRC also provide an online interactive tool on checking somebodies right to work in the UK. This should be used when carrying out the checking of documents, if extra clarification is needed:

If you have any questions on the above or would like any more information, please feel free to contact us on 0116 2423400.

Zahra Bates, Payroll Assistant 

Spring Budget 2017

I am sure that you have seen the headlines in the papers this morning about the Budget and for a detailed analysis please see the report on our website:

www.torrwaterfield.co.uk/news/budget-report.

The items that have caught my attention and I think are relevant to most people are as follows:

National Insurance for the self-employed

At present, if self-employed, you pay class 2 National Insurance of £145.60 for a complete year, and class 4 at 9% based on your level of profits.  The Government do not think that this is fair as employees pay National Insurance at 12%.  To level this position, class 2 National Insurance will be abolished from 06/04/2018 and the class 4 element will increase to 10% from that date, and to 11% from 06/04/2019, thus bringing the self-employed more in line with the employed.

Dividend changes again …

From 06/04/2016 broadly the first £5,000 of dividend income is taxed at 0 % (Dividend Allowance).  This will continue until 05/04/2018.  However, from 06/04/2018 the Dividend Allowance will reduce to £2,000.  This will mainly affect the family company shareholder and increase their tax liability as follows:

Basic rate taxpayer – additional tax of £225

Higher rate taxpayer – additional tax of £975

Additional rate taxpayer – additional tax of £1,143

Individual Savings Accounts (ISAs)

 The overall limit is increasing from £15,240 to £20,000 on 06/04/2017.

Property and trading income allowances

Although this was mentioned last year it comes into play on 06/04/2017. It is as it says, so if you have property or trading income of £1,000 or less you will no longer need to declare this or pay tax on it.  This could cover small amounts of rent from Air ‘bnb’ activities or trading on ebay. 

New Childcare provisions

 If you are taking out new childcare provisions from 06/04/2017 then, instead of opting for a salary sacrifice scheme and receiving vouchers, for every 80 pence that you contribute the Government will contribute 20 pence. The maximum the Government will contribute will generally be £2,000.

Making Tax Digital

This will be introduced on 06/04/2018 for businesses, the self-employed and landlords who have profits chargeable to Income Tax and pay Class 4 National insurance Contributions where their turnover is in excess of the VAT Threshold, which will be £85,000 from 01/04/2017.

As this is a very new area please contact us for further information.

Salary Sacrifice

 From 06/04/2017 this is changing, but it is still beneficial for both the employer and employee to sacrifice salary in respect of employer provided pensions, childcare vouchers, workplace nurseries and cycle to work schemes. 

Construction Industry

The government are launching a consultation on 20 March 2017 to look at various areas, including the qualifying criteria for Gross Payment Status and options to combat VAT supply chain fraud in supplies of labour.

In addition to the above, certain other changes come into force on 06/04/2017 that have been mentioned in earlier Budgets namely:

Restrictions on residential property interest

Landlords will no longer be able to deduct all of their finance costs from their property income.

Inheritance Tax residence nil rate band

There will be an additional nil rate band for deaths on or after 06/04/2017 where an interest in a main residence passes to direct descendants.

As mentioned above I have only mentioned the areas that I believe will be most relevant to the majority of our clients but other areas can be found on our website.

Please contact us if you have a specific query. 0116 24243400

Julia Harrison, Tax ManagerJulia Harrison April 2012

Sole trade vs. Ltd Company – What’s right for you?

Once you have decided to be your own boss, you then need to choose the best structure for your business.

When considering whether to trade individually or through a company, there are many factors to take into account, be it tax implications, legal obligations or the amount of paper work that needs to be filed on a yearly basis – the main concern for most individuals will be the tax that they will have to pay!

There are pros and cons to both options so it is important to think about which will benefit you the most.

Taxation differs when it comes to limited companies and individuals:

  • Companies are currently taxed at a rate of 20% – this stays the same no matter what profit is made during the financial year.
  • Sole traders, as individuals, have a tax free personal allowance of £11,000 for 2016/17. Once this has been used up they are generally taxed at 20% on any income up to £32,000. They then have to pay higher rate tax of 40% on earnings up to £150,000 – anything above this is taxed at the additional rate of 45%.
  • Sole traders also have to pay class 4 National Insurance @ 9% on profits from £8,060 – £43,000 and then 2% on anything above this.

Actual calculations of tax are never simple but overall, trading through a limited company will usually result in the lowest total tax to pay.

When it comes to the administration side of things, sole traders have it a lot simpler.  The money they have earned for the year has already been taxed and is in their bank account – that’s the end of it.  Companies however, have to file annual returns, submit detailed corporation tax returns and statutory accounts before the various filing deadlines.

Also note that accountancy fees are generally higher for limited companies, which is something to bear in mind!

Overall, many people will choose the limited company option.  We are here to help you decide what is right for you, and to guide you once you have started your business.

Please get in touch if you would like to discuss any of this further.

Jake Dempsey _DSC1536

National Insurance & Apprentices.

From 6 April 2016, HMRC have introduced a new relief which is designed to save Employers money if they employ Apprentices.

If you employ an apprentice you will not need to pay employer Class 1 national insurance contributions (NICs) on their earnings up to £827 a week (£43,000 per annum) which will obviously save you money.  To be eligible for this relief you should have evidence that the apprentice is under 25 years old and:

  • be following an approved UK government statutory apprenticeship scheme.
  • have a written agreement between you, the apprentice and a training provider, which meets the conditions incorporating a start date and an expected completion date.

Employees will continue to pay the standard rate of Class 1 NICs through their salary.  They won’t see any reduction in their payments.  It is employers who benefit from this change.

Do you:

  • Have existing employees under an apprenticeship?

Check the apprentice meets the conditions, ensure you have evidence to allow the relief and from 6th April 2016 adjust the employee’s NIC category to H. 

  • Have existing employees looking for training? Consider an apprenticeship

Firstly consider your business and what your needs are.  There are now over 200 types of apprenticeships across many sectors; apprenticeships are not just about learning traditional trades like plumbing or hairdressing.  There are apprenticeships in all types of work including areas like IT, business and finance and care work, with new roles being created all the time. 

The training provider will usually sort out all of the paperwork, so start by Finding a training organisation  which offers apprenticeships for your industry in your area – contact a relevant training provider and they will help you through the process including handling your apprentice’s training, qualification and assessment.  They will also see if you are eligible for a £1,500 apprenticeship grant.

  • Think you will be hiring someone new?

Hiring an apprentice is simple and now with employers benefiting financially from it, you should seriously consider it for your business when you look to recruit.  As for ‘existing employees looking for training’ above, the first step is to consider your business needs and then to find a training organisation.  They will be able to advise on the apprenticeship options available for when you recruit and may even be able to help you recruit a suitable candidate

The National Apprenticeship Service is holding National Apprenticeship Week from 14th to 18th March 2016 and is there to support employers and has made it easier than ever to employ an apprentice.  Their employer teams are on hand to guide you through the simple process of hiring an apprentice.  There has never been a better time to employ an apprentice.  For more information, visit the website at www.apprenticeships.org.uk or phone 08000 150 600.

Please contact us if you require further guidance or advice.

Becky Edwards , Payroll Manager