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Chartered Accountant

Sara Graff Chartered Accountant

Sara Graff Chartered AccountantSara Graff Chartered Accountant

NEWSLETTER MAY 2004

IMPORTANT NEW LAWS FOR EMPLOYERS (TO PREVENT ILLEGAL WORKING)

The Asylum and Immigration Act 1996 makes it a criminal offence to employ someone who has no right to work in the UK. It also gives employers a statutory defence against conviction for employing an illegal worker. This is done by checking and copying certain original documents belonging to your employee.

On 1st May 2004 new rules came into effect. These are as follows:

You need to obtain certain documents from all potential employees (whether you believe them to be British or not) Failure to do this for all employees could result in prosecution under the Race Relations Act. The main documents that must be produced are:

EITHER - any one of the following:
1. A passport showing that the holder is a British citizen, or has a right of abode in the UK or
2. A passport or identity card showing that the holder is a national of an EU country or Switzerland or
3. A passport or travel document showing that the holder can stay indefinitely in the UK or a travel document containing an endorsement to allow the holder to carry out the work being offered.

OR - two of the following:
1. An official document showing the employee's permanent national insurance number

AND
1. A full birth certificate issued in the UK or channel Islands, Isle of Man or Ireland which includes the names of the holder's parents or
2. A certificate of registration or naturalisation stating that the holder is a British citizen or
3. A letter or Immigration Status Document issued by the Home Office which indicates that the person can stay indefinitely in the UK or can do the type of work being offered

OR
1. A work permit together with a passport or travel document or letter from the home Office endorsed to show that the holder is able to take the employment in question.

You need to satisfy yourself that your potential employee is the rightful holder of any of the documents they present to you and to make a photocopy or a scan of the following:

a) The front cover and pages containing the employee's personal details, photograph and signature
b) Any page containing a UK stamp or endorsement

Taking the above precautions will establish a statutory defence. If you are found to have employed someone illegally you could be fined up to £5,000 and the employee deported.

If you employ someone after 1st May 2004 from the new EU countries (excluding Cyprus and Malta) you will also need to ensure that they register with the home office within 30 days of commencing employment.. The countries are CZECH REPUBLIC, ESTONIA, HUNGARY, LATVIA, LITHUANIA, POLAND, SLOVAKIA AND SLOVENIA. Failure to do so could result in a fine of up to £5,000.

You will need to provide them with evidence of their employment and keep a copy of the completed application form which you must keep until you receive notification from the Home Office that the employee has been registered. You will then receive a registration certificate.

For further information please visit www.ind.homeoffice.gov.uk or www.workingintheuk.gov.uk or you can ring the employers' helpline on 0845 010 6677.

FILING OF ONLINE TAX RETURNS

Taxing Nannies now has the technology in place to file employers' end of year returns online and will be doing so for all its clients for 2004/05 onwards. This will enable our clients to obtain the following incentive payments:

April 2005 £250
April 2006 £250
April 2007 £150
April 2008 £100
April 2009 £75
Therefore anyone using Taxing Nannies during 2004/05 and 2005/06 will in effect have their fees paid for by the Inland Revenue.

The full incentive payments of £825 will be eligible for anyone who is an employee from 2004/05 to 2008/2009.

Filing online requires certain administrative procedures to be adopted and we will be contacting all our existing clients shortly to obtain the necessary authorities to enable us to file your return online.

Also stringent Inland Revenue requirements mean that in order to be able to file online we need full details of all employees such as address, postcode, date of birth and national insurance number.

NATIONAL MINIMUM WAGE

Please note that with effect from 1st October 2004 the national minimum wage will rise to £4.85 (currently £4.50) gross per hour for anyone aged 22 and over and £4.10 (currently £3.80) gross per hour for those aged 18 to 21. A rate for 16-17 year olds will also be introduced of £3.00 per hour. Please contact Taxing Nannies if you require further information.

Tax RETURNS

Please note that Sara Graff is a qualified Chartered Accountant and Chartered Tax Advisor and provides accounting and tax services in addition to the general Taxing Nannies service. She would be happy to assist you in preparing your tax return or assist you with other accounting services and if you wish to avail yourselves of this service or would like some general advice please feel free to ring Sara on +44 (0)208 882 6847.

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