Maximising the benefits. Minimising the risk.
Many companies, particularly in construction, rely on using self-employed workers on a regular basis. New judgements and case law based on the change to legislation could have a wide-ranging and negative impact on the entire industry if HMRC is able to win just one case against unprepared organisation at tribunal.
This is not an area for people to wade into nonchalantly. You need to really understand the law and the tax and legal systems if you want to successfully see off employment status challenges.
Proving self employed workers are correctly classified
Here at RIFT Legal Services, we believe companies should not be put off engaging self-employed workers for fear of an HMRC challenge, especially when many people choose to work as self employed and to enjoy the benefits that go with it.
We are ideally placed to defend construction companies against the threat posed, but more importantly we are working with companies to ensure compliance and mutually beneficial working arrangements for employers and workers before a defence is necessary.
Our clients engage us on a consultancy basis, analysing working relationships and using our expertise and knowledge to advise on the correct classification of workers to best suit the needs of all parties, including when a worker truly should be employed for everybody’s benefit. Experts at RIFT Legal Services will help your company put the right contracts, processes and other documentation in place. We then handle any HMRC status enquiries as the point of contact for the HMRC’s inspectors.
We use our understanding of the enquiry process, along with an extensive knowledge of case law from construction tax disputes as well as all fields, to give itself the best possible chance of defending claims.
“We look at the company’s relationships with individuals, speaking to the workers where we can, and piece together how the workers should be classified under the current set up using our understanding of how HMRC works and our knowledge of the legal process. We will then defend any case from initial enquiry through to tribunal – and if we lose we will pay the National Insurance liability.”
Kye Burchmore, Director, RIFT Legal Services
If your business relies on using self-employed workers, it’s likely your way of working WILL be challenged by HMRC.
How RIFT Legal Services can help
Our experienced, established team of legal and tax specialists can help protect your business with:
- Tailored, bespoke advice delivered on a case-by-case basis
- Specialist advice on who can be self-employed and who should be PAYE or Ltd Company
- Supporting documentation and contracts that set out terms and conditions
- The right advice about engaging sub-contractors
- A complete employer audit
- Expert knowledge of how self employment case law and legislation applies to you
- Developing a strategy that offers business benefits while mitigating risk
We’re so confident of our services and expertise, that we offer a RIFT Legal Services Guarantee: We will pay any National Insurance penalties or liabilities should HMRC successfully challenge your employment status.
Download our White Paper
Produced in partnershi[p with Construction News this white paper provides all the practical advice you need to successfully withstand the scrutiny of an HMRC employment status investigation, avoid unnecessary liability costs and enjoy the sense of security that comes with the knowledge of full compliance.