Umbrella company
Encyclopedia
An umbrella company is a company that acts as an employer to agency contractors who work under a fixed term contract assignment, usually through a recruitment employment agency in the United Kingdom. Recruitment agencies issue contracts to a limited company as the agency liability would be reduced. It issues invoices to the recruitment agency (or client) and, when payment of the invoice is made, will typically pay the contractor through PAYE with the added benefit of offsetting some of the income through claiming expenses such as travel, meals, and accommodation.
Umbrella companies have become more prevalent in the UK since the British government introduced so-called "IR35
" legislation that creates tests to determine employment status and ability to make use of small company tax reliefs.
The same devellopment has been found in France with a special legisation there for under the french synomym onf the French Wikipedia Portage Salarial.
The umbrella company provides payroll services on behalf of the contractor and bills the agency (who in turn bills the client) for work completed by the contractor. The umbrella company provides all PAYE (Pay As You Earn) and National Insurance returns on behalf of the contractor.
The client is effectively the company for whom the contractor works. This may be within any industry and across all levels of employment. The client often elect to use contractors as it affords them the ability to temporarily augment their staff or capability without the burden of the legal requirements associated with permanent employees (PAYE, NI, Sick pay, insurances et al.). Using contractors also facilitates special skills and typically provides the advantage of a broader skill set as the contractor has typically worked with a myriad of companies and organizations during prior contracts.
The agency performs the recruitment process on behalf of the client. Some agencies will provide a PAYE scheme as part of their service. This alleviates the requirement for the umbrella company but requires additional capability within the organisation including professional accountants and adherence to fiscal laws. Most agencies elect to utilize an umbrella company.
The contractor completes the actual work, completes a timesheet and submits this (typically via fax or secure web portal) along with expense claims to the umbrella company.
calculations to ascertain how much tax should be paid. The only difference between umbrella companies will be the fee that they charge and the level of service that they offer to their customers.
Some of the most common "allowable" expenses include: Mileage & general travel expenses, hotel and accommodation expenses and Professional Subscriptions. Food and subsistence is rarely allowed to be claimed, as it is the HMRC's opinion that you would eat regardless as to whether you are working or not. The exception to this rule is if you were staying away from home as part of the work.
Whilst many of the umbrella companies advertise similar offerings, much of the detail should be checked by the user. Often expenses are used as a selling point with potential abuse of "dispensation" (HMRC issue documentation to employers as a more effective way to record Expenses rather than as a method of generating more income) agreements. It is the independent contractor who will be liable should HMRC decide, for instance, that expenses have been incorrectly claimed. A dispensation is simply a working agreement between a company and HMRC. It is a cost saving mechanism for HMRC that helps them reduce the number of tax inspectors.
A dispensation is, primarily, a means of reducing HMRC paperwork, by estimating the value of multiple small transactions rather than itemising each one.
The 2008 HM Treasury
pre-budget report reported on the consultation on the use of travel expenses in conjunction with being employed via Umbrella Companies. The document questioned the validity and fairness of allowing business expenses in this form suggesting that an overarching employment contract was not a form of employment that allowed travel and subsistence
expenses. HMT decided that the legislation would remain as is but suggested additional HMRC policing would be carried out to reduce cases of non-compliance. HMT issued the results of the consultation in December 2008.
Gross charge: fee that is deducted before tax. This is the actual charge that umbrellas deduct.
Net charge: for marketing reasons many umbrella companies list their net charges i.e. equivalent charges of Gross charge ‘after tax’. This is to make charge appear small.
Calculations of net charge are simple. For example, if an umbrella charges gross 26.5 per week before tax. The net equivalent of this amount is, If contractor is a basic rate tax payer (i.e. 20% tax) : 26.5-0.2x26.5= 21.2 pounds. If contractor is a higher rate tax payer (i.e. 40% tax) : 26.5-0.4x26.5= 15.9 pounds.
There is small faction of umbrella companies that charge a percentage of contractor’s earnings e.g. 15% of contractor earnings.
There is a secondary charge which an umbrella company levies on its contractor clients. In addition to the processing fee, the umbrella company deducts exactly the same amount of money from the contractor's gross pay, as they have had to pay to HMRC in respect of the Employer's NI.
The American Professional employer organization
PEO, Professional Employers Organization offering co-employment for small companies.
Umbrella companies have become more prevalent in the UK since the British government introduced so-called "IR35
IR35
IR35 is a term used to denote United Kingdom tax legislation designed to tax "disguised employment" at a rate similar to employment. In this context, "disguised employees" means workers who receive payments from a client via an intermediary and whose relationship with their client is such that had...
" legislation that creates tests to determine employment status and ability to make use of small company tax reliefs.
The same devellopment has been found in France with a special legisation there for under the french synomym onf the French Wikipedia Portage Salarial.
Structure
An umbrella company processes timesheets received from the employee/contractor, then issues an invoice to the client for payment.The umbrella company provides payroll services on behalf of the contractor and bills the agency (who in turn bills the client) for work completed by the contractor. The umbrella company provides all PAYE (Pay As You Earn) and National Insurance returns on behalf of the contractor.
The client is effectively the company for whom the contractor works. This may be within any industry and across all levels of employment. The client often elect to use contractors as it affords them the ability to temporarily augment their staff or capability without the burden of the legal requirements associated with permanent employees (PAYE, NI, Sick pay, insurances et al.). Using contractors also facilitates special skills and typically provides the advantage of a broader skill set as the contractor has typically worked with a myriad of companies and organizations during prior contracts.
The agency performs the recruitment process on behalf of the client. Some agencies will provide a PAYE scheme as part of their service. This alleviates the requirement for the umbrella company but requires additional capability within the organisation including professional accountants and adherence to fiscal laws. Most agencies elect to utilize an umbrella company.
The contractor completes the actual work, completes a timesheet and submits this (typically via fax or secure web portal) along with expense claims to the umbrella company.
Expenses and taxes
All umbrella companies use the same PAYEPAYE
Pay as you earn or PAYE refers to a system of withholding of income tax from payments to employees. Amounts withheld are treated as advance payments of income tax due. They are refundable to the extent they exceed tax as determined on tax returns. PAYE may also refer to withholding of the...
calculations to ascertain how much tax should be paid. The only difference between umbrella companies will be the fee that they charge and the level of service that they offer to their customers.
Some of the most common "allowable" expenses include: Mileage & general travel expenses, hotel and accommodation expenses and Professional Subscriptions. Food and subsistence is rarely allowed to be claimed, as it is the HMRC's opinion that you would eat regardless as to whether you are working or not. The exception to this rule is if you were staying away from home as part of the work.
Whilst many of the umbrella companies advertise similar offerings, much of the detail should be checked by the user. Often expenses are used as a selling point with potential abuse of "dispensation" (HMRC issue documentation to employers as a more effective way to record Expenses rather than as a method of generating more income) agreements. It is the independent contractor who will be liable should HMRC decide, for instance, that expenses have been incorrectly claimed. A dispensation is simply a working agreement between a company and HMRC. It is a cost saving mechanism for HMRC that helps them reduce the number of tax inspectors.
- A dispensation does not benefit a contractor.
- A dispensation does not mean less paperwork for a contractor.
- A dispensation does not affect what a contractor can claim as a legitimate business expense.
A dispensation is, primarily, a means of reducing HMRC paperwork, by estimating the value of multiple small transactions rather than itemising each one.
The 2008 HM Treasury
HM Treasury
HM Treasury, in full Her Majesty's Treasury, informally The Treasury, is the United Kingdom government department responsible for developing and executing the British government's public finance policy and economic policy...
pre-budget report reported on the consultation on the use of travel expenses in conjunction with being employed via Umbrella Companies. The document questioned the validity and fairness of allowing business expenses in this form suggesting that an overarching employment contract was not a form of employment that allowed travel and subsistence
Travel and subsistence
Travel and subsistence expenses describe the cost of spending on business travel, meals, hotels, sundry items such as laundry and similar ad hoc expenditures....
expenses. HMT decided that the legislation would remain as is but suggested additional HMRC policing would be carried out to reduce cases of non-compliance. HMT issued the results of the consultation in December 2008.
Charges
Umbrella companies normally charge a small fee for processing contractors' payroll. Most of the umbrella companies advertise two types of charges.Gross charge: fee that is deducted before tax. This is the actual charge that umbrellas deduct.
Net charge: for marketing reasons many umbrella companies list their net charges i.e. equivalent charges of Gross charge ‘after tax’. This is to make charge appear small.
Calculations of net charge are simple. For example, if an umbrella charges gross 26.5 per week before tax. The net equivalent of this amount is, If contractor is a basic rate tax payer (i.e. 20% tax) : 26.5-0.2x26.5= 21.2 pounds. If contractor is a higher rate tax payer (i.e. 40% tax) : 26.5-0.4x26.5= 15.9 pounds.
There is small faction of umbrella companies that charge a percentage of contractor’s earnings e.g. 15% of contractor earnings.
There is a secondary charge which an umbrella company levies on its contractor clients. In addition to the processing fee, the umbrella company deducts exactly the same amount of money from the contractor's gross pay, as they have had to pay to HMRC in respect of the Employer's NI.
International Links
An International listing of Umbrella Companies or similar companies offering to "rent an employer".The American Professional employer organization
Professional employer organization
A professional employer organization is a single source provider of integrated services which enable business owners to cost-effectively outsource the management of human resources, employee benefits, payroll and workers’ compensation and other strategic services, such as recruiting, risk/safety...
PEO, Professional Employers Organization offering co-employment for small companies.