Spotting an Umbrella Company that is not HMRC compliant
If a contractor is found to be working with an umbrella company that isn’t HMRC compliant, it will be them, and not the umbrella company, that will face penalties and a bigger tax bill. This is because it is the sole responsibility of the contractor, and not the umbrella company, to meet their own tax obligations.
Thankfully, HMRC has published a guide to help self-employed workers such as contractors identify companies that are not compliant.
Red flags contractors should look out for include:
Umbrella companies that process only a part of your salary through payroll
The first factor to act as a warning sign is an umbrella company that offers to process only a part of your salary through the payroll, giving you the remainder of the amount directly.
In these cases, only the fraction of your salary which has been put through the payroll is subject to tax, despite the fact that the whole amount should be. This is classified as tax avoidance and means that the contractor hasn’t paid the correct levels of tax.
As we have mentioned, it will be the contractor that is made liable for this, not the umbrella company. If you are found out, you will face a bigger tax bill and possible fines by HMRC.
Umbrella companies that claim you can keep up to 95% of your wages
Another red flag to look out for is an umbrella company that claims the contractor can keep 80-85% of their wages whilst remaining tax compliant.
This is not the case since the basic rate of income tax is 20%, and National Insurance contributions are also taken from your earnings.
Umbrella companies that pay the contractor through either loans, credit, or investment payments
Some umbrella companies will offer to pay the contractor through a loan, credit or investment payment because these avenues are not subject to income tax.
Again, although these umbrella companies will state that this is a legitimate way to pay the contractor, HMRC has said this counts as tax avoidance. So, if you are caught, you will be made personally liable for not paying your tax.
Umbrella companies that route payments through other companies
Finally, the last thing to look out for in an umbrella company that isn’t HMRC compliant is one that routes payments through several other companies before it ends up in your pocket.
So, now you know what you're looking out for, how can you find an HMRC-compliant umbrella company?