Montpelier Tax Consultants

Montpelier Tax Consultants

Author
Discussion

jamesb300

Original Poster:

116 posts

242 months

Thursday 15th March 2007
quotequote all
Just wondered if any contractors here use Montpelier Tax Consultants who have some kind of scheme going using an Offshore trust, I think. I know a few contractors that have used this over the past few years and end up taking home something like 80-90% of their contract (Montpelier take around 10%. According to someone who uses them they claim they are not effected by the latest MSC legistlation as they are not an MSC. Can anyone confirm whether the Inland Revenue have ever inspected this outfit and whether the loophole is still valid?

Cheers, James.

Eric Mc

122,324 posts

267 months

Thursday 15th March 2007
quotequote all
What is this loophole that certain "umbrella companies" seem to be exploiting?

How is it supposed to work?

UpTheIron

4,003 posts

270 months

Thursday 15th March 2007
quotequote all
I know of Montpelier / MTM and their ilk, but have always avoided them.

More info over on www.contractoruk.com.

Typically they employ discretionary trusts or employee benefit trusts to supposedly avoid tax due.

Whilst some of the more extreme loan schemes are (I believe) within the law, there are some major potential pitfalls - such as the holding company going into administration, cue the loan having to be repaid by the loanee.

Of course, that won't happen. Until HMRC stiff the holding company with a massive bill that is.

An efficiently run business can take home around 5-10% less after tax. Without any dodgy schemes.

Of course, the scarier thing is that by it's very nature, putting your earnings into a discretionary trust means you have no control over them, and may never see them again.

Edited by UpTheIron on Thursday 15th March 21:00

jared_m

252 posts

224 months

Sunday 25th March 2007
quotequote all
I've heard of them. There's a test case pending with HMRC. AFAIK, they do have a registered scheme under the disclosure of avoidance scheme rules.

MTM acknowledge that their scheme is high-risk tax avoidance and they only provide the service to contractors on fairly high day rate...

Jonny5

3,526 posts

276 months

Monday 26th March 2007
quotequote all

MTM will cease to trade as of the 7th April due to the changes in the MSC (Managed Services Company) legislation brought about by Mr Brown mad

Agencies will have liability too now, so basically from next year if you're not either running a

(PSC) Personal Service Companies (ie individual Ltd Companies)
Umbrella Companies (groups of contractors paying standard PAYE etc)

The agency will not touch you as THEY will be liable.

Basically the Government want more money from contractors. Luckily, I'm moving to the States so fuck you Gordon Brown

kingstonking

36 posts

242 months

Monday 26th March 2007
quotequote all
"MTM will cease to trade as of the 7th April due"

Is that the offical word from MTM / Mont?

Or your own view of the MSC legislation impact? Just wondering as I was going to use them.


Jonny5

3,526 posts

276 months

Monday 26th March 2007
quotequote all
kingstonking said:
"MTM will cease to trade as of the 7th April due"

Is that the offical word from MTM / Mont?

Or your own view of the MSC legislation impact? Just wondering as I was going to use them.




Yes that's official. I'm a current client


Edited by Jonny5 on Monday 26th March 23:40

kingstonking

36 posts

242 months

Monday 26th March 2007
quotequote all
Umm, why don't they just close the UK element and allow any clients to use them direct in the Isle of Man. That would be outside the UK MSC legislation. I presume its their UK presence that is the problem. Guess would depend on the client be willing to do this.

Eric Mc

122,324 posts

267 months

Monday 26th March 2007
quotequote all
If they arte using "staff" based in the UK, I am sure the current employment legislation would force them to apply PAYE and NIC on the payments to the staff - even if the company itself is based overseas.

kingstonking

36 posts

242 months

Tuesday 27th March 2007
quotequote all
Umm don't see how HMRC could force the offshore company to pay PAYE and NIC's etc if the company is resident in the Isle of Man as it is completely outside of the UK tax jurisdiction. Have no 'alternatives' been mentioned I wonder.

Jonny5

3,526 posts

276 months

Tuesday 27th March 2007
quotequote all
kingstonking said:
Umm don't see how HMRC could force the offshore company to pay PAYE and NIC's etc if the company is resident in the Isle of Man as it is completely outside of the UK tax jurisdiction. Have no 'alternatives' been mentioned I wonder.


They are imposing full tax liability on the agents if their contractors don't comply to either Ltd company or Umbrella style PAYE scheme.

Eric Mc

122,324 posts

267 months

Tuesday 27th March 2007
quotequote all
I would have thought that the type of tax applicable to the individuals who work for an organisation would be calculated based on the INDIVIDUAL'S place of tax residence, not the residence of the paying entity.

kingstonking

36 posts

242 months

Tuesday 27th March 2007
quotequote all
Your Ltd company could always under its 'IR35' friendly contract exercise its right to subcontract/substitution and offshore it.

Eric Mc

122,324 posts

267 months

Tuesday 27th March 2007
quotequote all
Forget about the base country of the company.

The Revenue want to tax the individual - and that will be based on where he/she is resident for tax purposes, not the employing entity.

UpTheIron

4,003 posts

270 months

Tuesday 27th March 2007
quotequote all
Eric Mc said:
Forget about the base country of the company.

The Revenue want to tax the individual - and that will be based on where he/she is resident for tax purposes, not the employing entity.
Eric, MTM are not an MSC in the typical sense. As I unserstand it, they and others utilise the same loopholes - you become a PAYE employee, and the use offshore discretionary trusts to make loans to their own staff on top of a (low) salary.

The "tax avoidance" element is the trust/loan setup that does not attract income tax.

My issue with these organisations is broadly along these lines:

- HMRC investigate MTM / their UK Ltd.
- Find that MTM are guilty of 'something' that incurs a large fine/penalty/back-dated tax/NI due.
- MTM's UK Ltd is forced into administration.
- Administrators come in and to maximise return to creditor (HMRC), call in the loan.

www.tekpay.com are another - some details are on their website.

Edited by UpTheIron on Tuesday 27th March 08:59

kingstonking

36 posts

242 months

Tuesday 27th March 2007
quotequote all
Umm interesting. Actually MTM don't employee you. You are a self-employed consultant working for their IoM consultancy and placed 'onsite' in the UK. They also don't utilise a loan structure but do use trusts. All income is declared opennly to the HMRC as yes you are a UK resident for taxation purposes. The benefit comes from how the income has been earned in the IoM. Unless the 'loan' option is their new/latest structure. Payscheme+ seems the same as Tekpay. The 'loan' structure seems the latest and only other option that is being promoted now due to the MSC legislation as you are an 'employee'. All quite interesting. Pro's and con's with it all really.


Edited by kingstonking on Tuesday 27th March 09:45

Jonny5

3,526 posts

276 months

Tuesday 27th March 2007
quotequote all

Just spoken to the top bod at MTM, business as usual but effectively by putting the responsibility on the Agency from 1st Jan 2008 these schemes (as we know them now) will be null and void.

They've nailed it from the Agency end, put the responsibility on them .....

Jonny5

3,526 posts

276 months

Tuesday 27th March 2007
quotequote all

there is no loan structure. Can't say anymore as anyone on the scheme will have signed non-disclosure agreements and at personal risk. End of topic.

kingstonking said:
Umm interesting. Actually MTM don't employee you. You are a self-employed consultant working for their IoM consultancy and placed 'onsite' in the UK. They also don't utilise a loan structure but do use trusts. All income is declared opennly to the HMRC as yes you are a UK resident for taxation purposes. The benefit comes from how the income has been earned in the IoM. Unless the 'loan' option is their new/latest structure. Payscheme+ seems the same as Tekpay. The 'loan' structure seems the latest and only other option that is being promoted now due to the MSC legislation as you are an 'employee'. All quite interesting. Pro's and con's with it all really.


Edited by kingstonking on Tuesday 27th March 09:45