Agency > Compliance
Agency Benefits
Compliant Organisation

Our group structure falls outside the Managed Services Companies – Finance Act 2007, Chapter 9 – and is able to provide compliant solutions and processes to give you peace of mind in your day-to-day business activities.

Our aim for some years has been to ensure that we protect the interests of our recruitment partners, our subcontractor/employees and ourselves, and our business model and contracting arrangements are therefore compliant with current legislation.

Compliance Model

We do this through...

Our attitude and continued commitment to compliant processes
We work in an industry where some choose to take a more ‘relaxed’ attitude towards compliance. However, we make a commitment to be a compliant contractor and all the processes that we have in place allow us to fulfil this.

Independent Advice
We work closely with leading professional advisors to ensure that we keep up-to-date with the latest developments in taxation, case law and proposed legislation.

  • Agency Legislation - Income Tax (Earnings and Pensions) Act 2003 – Chapter 7
    This states that an individual who supplies services and is paid through an agency will be treated as an employee of the agency, and will therefore be liable for tax on a normal PAYE basis. This means that an employee cannot claim any business expenses.
  • IR35 Intermediaries – Income Tax (Earnings and Pensions) Act 2003 – Chapter 8
    This is designed to ensure that individuals who work through a limited company are entitled to the benefits that are associated with self-employment status.
    The HM Revenue & Customs IR35 test asks the question: should you as an individual be treated as an employee of the client for whom you carry out work?
    Individuals need to prove that they are an independent business supplying a service to the client.
  • Managed Services Companies - Finance Act 2007 - Chapter 9
    Chapter 9 defines an MSC provider as a body which:
    Benefits financially from the provision of services by an individual;
    Influences or controls the provision of services;
    Influences or controls the way in which payments are made to the individual (or associates of the individual);
    Influences or controls the company’s finances or any of its activities; or
    Gives or promotes an undertaking to make good any tax loss.
  • Working Time Regulations (Holiday Pay) / Construction Industry Scheme ("CIS")
    Self Employment status is an integral issue when ensuring compliance within these areas.
  • Insurance - Financial Services Authority ("FSA")
    Insurance cover which also provides benefit cover for third parties is governed by FSA regulations.
  • HM Revenue & Customs Guidelines re: Compliant Umbrella Companies
    HM Revenue & Customs have guidelines concerning how an employee can legitimately claim expenses whilst employed by an umbrella company. In particular:
    Employment Contracts must be 'overarching';
    Allowable Expenses must be incurred in accordance with HM Revenue & Customs guidelines
  • Health & Safety
    As an employer, Crest Plus Exchange Limited complies with their statutory obligations, and ensures that employees are working in a safe environment.

Believing in what we do

We believe in what we do and the way in which we do it. We also believe that it is unlikely that HM Revenue & Customs will allow compliance to go away, nor would we want them to. It is in everyone’s best interests to have an industry where all take compliance seriously and participate on a level playing field.

We always keep the needs of our clients at the forefront of our decision-making process in remaining a compliant organisation. If you would like to experience our compliance procedures, then please contact us to arrange a visit and discuss matters with your appropriate business unit.

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