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Auto enrolment – how to automatically enrol your staff

Posted by: edwinsmith on July 28th, 2014

In order to automatically enrol your staff into the pension scheme, you'll need to provide the scheme with whatever information they need to get their membership up and running.

As a minimum, you’ll need to provide the following information for each staff member to set up the membership

  1. -        name,
  2. -        postal address,
  3. -        date of birth
  4. -        and National Insurance number

Your pension scheme provider should tell you what additional information they will need in order to make en employee an active member and you will need to provide this information to them in writing, which can include email.

If you are automatically enrolling a lot of staff at the same time (at staging or after postponement), it may take the provider longer than usual to make all of them active members, so it would be a good idea to find out how long the provider expects to take creating active membership for your staff after you have given them the information they need.

Before you staging date you should agree with the pension provider the contributions rates and the due dates for payment of contributions.  Information on the minimum contributions and due dates for payment can be found at on the Pensions Regulator website

You will also need to find out whether the pension deductions should be made from the employees’ gross or net pay (this will vary depending on the pension scheme provider).

You should also discuss with the provider how they handle ‘opt-outs’ (including how an employee can obtain the opt-out notice), and what the provider will need from you in order to process ‘opt-ins’ and joiners to the scheme.

You'll need to assess the ages and earnings of each member of staff on your staging date and you will have 6 weeks to automatically enrol anyone who’s eligible (or 1 month from the end of the postponement period, if applicable)

Active scheme membership must take effect from the date they first became eligible for automatic enrolment.  This means that contributions will be due and you must calculate them from that date. Before the end of the six week period after staff first become eligible for automatic enrolment, you must write to everyone you have automatically enrolled about the scheme, the contribution rates and about their right to opt out.

Tips:

  1. You must not say or do anything that could be viewed as influencing any of your staff to opt out of your pension scheme. This is referred to as 'inducement' which is a breach of the law and could result in fines.
  2. It’s important your staff records are up to date – make sure you hold all their latest information. You should carry out this data check as part of your general preparations for automatic enrolment.
  3. Keep records of who you've enrolled as you will need to make a declaration to the Pensions Regulator on how many you've enrolled into which scheme.

This is the ninth installment in a series of articles regarding auto enrolment as detailed on our Employer Action Plan. Previous installments detailed below:

1 – Know your staging date

2 -

3 -

4 –

5-

6-

7-

8-

For more information on pensions or to discuss your auto enrolment action plan please contact us.

 

 

Auto enrolment -on or just after your staging date

Posted by: edwinsmith on July 21st, 2014

Your staging date is when the automatic enrolment duties come into force for your business.  On this date you must assess your workforce in order to know which staff must be automatically enrolled and which staff have a right to opt in or join your pension scheme. By this stage, you should have the necessary systems in place to generate this information automatically.

It is possible to use postponement on your staging date to delay automatic enrolment for some or all staff for up to three months. This means you won’t need to assess them to identify what duties you have for them until the last day of the postponement period, at which point you must automatically enrol any who are eligible.

You will also need to make a declaration to the pensions regulator taking account of everyone who worked for you on your staging date. The declaration will include details of how many people were automatically enrolled, how many were already in an existing pension scheme you provide, and what you did for anyone else in your employment. You’ll still need to complete your declaration even if you didn’t have to automatically enrol any of your staff.

At staging or when postponement ends, your key duties are to:

  1. Automatically enrol all staff who are eligible and make them active members of your pension scheme – you have 6 weeks from your staging date (or the day after postponement) to do this.
  2. Write to each member of staff to tell them how automatic enrolment affects them, or that you have postponed them – you have 1 month from your staging date to do this.
  3. Submit a declaration online to tell the pensions regulator how you’ve complied with your duties – you have 5 months from your staging date to do this.

This is the eighth installment in a series of articles regarding auto enrolment as detailed on our Employer Action Plan. Previous installments detailed below:

1 – Know your staging date

2 -

3 -

4 –

5-

6-

7-

 For more information on pensions or to discuss your auto enrolment action plan please contact us.

 

Repayment claims for limited company subcontractors

Posted by: edwinsmith on July 14th, 2014

As a reminder (see last year’s article Companies-that-have-cis-deductions-on-their-own-income-and-claiming-repayments ) a claim must be made in writing for a repayment where a limited company has ended the tax year with CIS tax owing to them under the PAYE (RTI) system and the company is not able to recover the tax against PAYE/NIC /CIS tax payments due in the current year. The company must have made the Final Employer payment Summary (EPS) and all associated Full payment Submissions (FPS) for year in respect of claim.

The HMRC CIS repayment claim help card details the information that should be provided with repayment claim which should be sent to the address below.

PAYE Employer Office

Room BP4102

Benton Park View

Newcastle Upon Tyne

NE98 1ZZ

In previous years there have been delays in repayments made being made by HMRC but the help card mentions that CIS repayment claims will be processed within 25 days of HMRC receiving claim in writing and the claim matches the information held by HMRC.

A repayment can be set off against other HMRC liabilities of the company such as corporation tax, VAT etc but this request must be made in the tax repayment claim with the appropriate tax references (see help card link above).

If there are sufficient PAYE/NIC deductions in the following year to which the claim relates then it would be easier to claim the tax repayment by reducing the PAYE/NIC liability payments for that year.

Where a limited company is subject to the deduction of CIS tax from its subcontractor income then it should be considered if an application appropriate for gross payment status. A company would need to meet the criteria for three tests for business, turnover and compliance –see HMRC - Payments under CIS - gross or under deduction.

Please contact us for further advice or assistance in respect of CIS tax repayment claims.

Filed under: Company, Employers, PAYE

Agency and temporary workers – agency legislation changes from 6 April 2014

Posted by: edwinsmith on July 7th, 2014

From 6 April 2014 a worker is classified as an employee (and hence subject to PAYE) of an agency if all of the following conditions are met: 

  1. the worker must personally provide services, (which are not excluded services) to the client, and
  2. there must be a contract between the client (or a person connected with the client) and a person who is not the worker, the client or a person connected with the client (that is, “the agency”) and under or in consequence of that contract: (i) the worker’s services are provided, or (ii) the client or any person connected with the client pays, or otherwise provides consideration for the services, and
  3. the worker must be subject to (or to a right of) supervision, direction or control (by any person) as to the manner in which they provide their services, and
  4. remuneration receivable by the worker in consequence of providing the services does not constitute employment income/employed earners earnings before the provisions of the agency legislation are applied.

If it is held that the manner in which the worker provides the services is not subject to (or to the right of) supervision, direction or control by any person the agency must keep and be able to show evidence to that effect.

The agency legislation will not apply in the following circumstances: 

  1. if the remuneration the worker receives in consequence of providing the services is otherwise chargeable as employment income before the agency legislation is applied, or 
  2. when the worker is legitimately self-employed. There is an associated record keeping requirement to demonstrate when this is applicable, or 
  3. where it can be shown that the worker is not subject to (or to a right of) supervision, direction or control by anyone, as to the manner in which they provide the services. There is an associated record keeping requirement to demonstrate when this is applicable, or
  4. if the worker provides their services wholly in their own home, or on other premises which are not controlled or managed by the client, unless the worker is required to do so at those premises because of the nature of the services and work being provided to the client, or 
  5. if the worker provides their services as an actor, singer, musician or other entertainer or as a fashion, photographic or artist’s model.

The last three points are referred to as ‘excluded services’ in the new legislation.

Penalties have been introduced for the keeping and preserving of records and returns.

Prior to 6 April 2014 the conditions for the agency legislation to apply included the condition for an agency contract to exist between the worker and the agency but this is not included in the new conditions.

Self employed individuals may now find themselves classified as an employee of the agency under the new legislation. If you are ceasing self employment and require assistance with the cessation then please contact us. If you require further advice please also contact us.

Dates and deadlines July 2014

Posted by: edwinsmith on July 1st, 2014

Upcoming deadlines for businesses and individuals

1 July: Corporation tax payment for a company not within the instalment regulations: year ending 30 September 2013

5 July: End of month 4 for PAYE, all RTI submissions due if taking advantage of concession.

5 July: PAYE settlement agreements to be agreed with HMRC by this date: tax year 2013-2014

6 July: Forms P9d, P11ds and P11d(b) due for submission to HMRC by this date and provide employees with copies: tax year 2013-2014

7 July: Online VAT return due to be filed and electronic payment of VAT due to be cleared into HMRC bank: quarter ended 31 May 2014

10 July: Direct debit VAT payment will be taken: quarter ended 31 May 2014

19 July: CIS monthly return deadline: month ended 5 July 2014

19 July: Cheque payments for PAYE/NI, student loan, CIS  and Class 1a NIC to be cleared into HMRC bank: month ended 5 July 2014 plus quarter 1 for quarterly payers

22 July: Electronic PAYE/NI etc and Class 1a NIC payments to be cleared into HMRC bank: month ended 5 July 2014 plus and quarter 1 for quarterly payers

31 July: Company tax return CT600 due to HMRC: years ending 31 July 2013

31 July: Company accounts (Private Limited Co) due to be filed: years ending 31 October 2013

31 July: Company accounts (Public Companies) due to be filed: years ending 31 January 2014

31 July: Second payment on account of tax due: tax year 2013-2014

31 July: Finalise tax credit renewals: tax year 2013-2014

1 August 2014: Corporation tax payment for company not within the instalment regulations: years ending 31 October 2013

2 August: Submission of form P46 (car) for changes in quarter to 5 July 2014