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HMRC’s ability to deregister mini umbrella companies and deny them access to government small business reliefs has been upheld by a recent Upper Tribunal decision.
But what are mini umbrella companies, how can they be spotted and how is the government working to combat them?
A mini umbrella company is a vehicle used by organised criminals to fraudulently claim tax and National Insurance relief. Usually, multiple umbrella companies are formed, each of which artificially employs a small number of workers.
Such fraud can be found throughout the temporary labour market and comes with the risk of reputational and financial damage to any business caught up with them.
End users of temporary workers are required to be clear about who pays workers and how, as well as who is responsible for making sure all tax returns are provided, and correct taxes are paid.
Mini umbrella companies often come with unusual or, within a group of them, similar names. They may also have a business address which does not chime with the activities they purport to do.
Furthermore, such companies will often list business activities on Companies House which don’t relate to the services provided by the workers or will have foreign nationals – with no experience of working in the UK labour supply industry - listed as directors.
These mini umbrella companies are often short-lived, while employees may be regularly moved between different mini umbrellas.
HMRC has the power to deregister mini umbrella companies it believes are involved in fraud.
It will also take steps to deny businesses the right to recover VAT input tax if they are found to be in the same labour supply chain as a mini umbrella company.
On July 17, the Upper Tribunal court ruled that the mini umbrella company model used by four companies was fraudulent. This decision upheld HMRC’s ability to deregister these companies from VAT and deny them access to government small business reliefs.
By upholding HMRC’s right to deregister mini umbrella companies, the Upper Tribunal decision means the government will continue to actively tackle such fraud.
As such, end users should remain vigilant and not employ such companies.
The punishment for doing so includes financial penalties, reputational damage, and potentially legal action.
Businesses may be denied the right to reclaim VAT input tax and could face fines and prosecution, be held liable for unpaid tax and National Insurance contributions, and see their workers face reduced benefits and protections.
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