HMRC Employer Compliance Review
An Employer Compliance Review, also known as a PAYE investigation, is conducted by HM Revenue & Customs (HMRC) officers who want to ensure that employers and contractors are meeting all of their tax, National Insurance (NIC) and Construction Industry Scheme (CIS) obligations in relation to their employees and subcontractors.
Historically, a PAYE investigation was undertaken by reference to HMRC’s Code of Practice 3 – A Review of Employers & Contractors records. This has now been replaced with a series of Factsheets (EC/FS1 – EC/FS5).
Usually the PAYE investigation is conducted at the employer’s premises, firstly to enable a discussion to be held with key personnel within the company and secondly to undertake a review of all the prime records.
The areas which HMRC often consider as part of the Employer Compliance Review are as follows:
- operation of PAYE and NIC
- operation of payments to subcontractors under CIS
- the reporting of benefits in kind on forms P11D
- the status of workers
- the correct treatment of entertainment expenses
- the operation of IR35
- termination payments
- travel expenses
- vans
- expats and inpats
- salary sacrifice.
To the extent that HMRC establish a liability to tax or NIC, the amount owing will also include interest on any late duties and potentially a monetary penalty based on a percentage of the tax and/or NIC due.
Why should you contact us?
We have a dedicated team including former tax inspectors, who have a significant amount of experience in handling and resolving HM Revenue & Customs employer compliance reviews on behalf of our clients.
Please call us on 020 7842 7197 if you have any employer related queries. Alternatively complete our enquiry form and one of our specialists will contact you.