We don’t source candidates. What we do is act as the financial intermediary in seventy countries. We take away the employment risks while handling all the difficult administration.

IMMIGRATION SERVICES - Contractor Compliance

There is no question that we are the most prominent cross border management company with resources unrivalled by our competitors. We are alone in having built our Compliance platform and portal, which we designed and developed in-house at our IT facility in Noida, near New Delhi, India.

Our compliance-defining and automated gathering system and experienced staff can provide your agency with a custom compliance outsourced solution. We can do as much or as little as you need to keep your contractor compliance in pristine order.

If you are a publicly listed company or planning to sell your business in the future, do not dent your valuation by slackness related to Compliance. If you want experts with the capacity not only to advise you but deliver a turnkey-compliance solution, please email us at kevin.austin@www.accessfinancial.com

What is Compliance?Compliance

“When I use a word,” Humpty Dumpty said, in rather a scornful tone, “it means just what I choose it to mean—neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different things.” “The question is,” said Humpty Dumpty, “which is to be master—that’s all.”

Alice in Wonderland. Lewis Carroll. 1865

We need a definition of Compliance for us to be on the same page. For AF it means that we respect all the law relevant to contractors in the country of work as well as in the contractor’s home country. The latter is of particular significance to corporate clients in the UK who can face unlimited corporate fines for breaches of the Criminal Finances Act 2017.

Failure to take Compliance seriously can lead to financial penalties but, probably worse still, to lasting damage to the reputation of your business, you have worked so hard to build.

Local and home

Local and home Compliance is of most significant interest to the Contractor him or herself. There is no point in aggressively tax-planning abroad to find that it is all ineffective when taken in the context of your home taxing jurisdiction. A contractor needs to know the interplay of taxes and social charges between work country and the home state if he wants to hold on to as much of the income as he can, without breaking the law.

In international tax law, the state where the income arises usually has the first bite of the tax cherry. One the other hand, the Double Tax Agreements in place protect contractors from having to pay tax twice on the same income.

It must be evident that you should seek advice only from those who are expert in these matters as we believe ourselves to be.

What clients want

What clients want can better be outlined by stating what they do not want. They do not wish their immigration, tax, social security and labour-leasing authorities to investigate them and fine and penalise them for flouting immigration, employment, tax or social security laws. All of these can happen from underpaid or unpaid statutory liabilities or misclassification of the status of a contractor leading to the client having to pay employer social costs.

What agencies want

Agencies are contractually next in line with the clients and can be on the receiving end of any claims for non-compliance though contract breach. So what an agency wants is a competent organisation that can meet the contractual responsibilities and is financially and reputationally strong enough to honour its obligations. In other words, this is a form of business insurance.

One needs to ask who would insure with a company that is financially shaky no matter how low the premiums may be? Financial prudence in these cases is everything.

Yet we are often surprised hoe otherwise sensible business people entrust significant sums of their and their contractors; funds to contract management or umbrella business they barely know and of dubious financial strength. All that we can say to those who do is caveat emptor – buyer beware.

What contractors want

Contrary to much popular belief, most contractors we deal with are not reckless and cavalier. Most do not want to store up trouble for the future and do not wittingly enter doubtful tax arrangements although, of course so do. Most want to do things correctly and not have to worry about an attack from the tax authorities. Such people willingly pay a reasonable fee to be guided and kept on the correct path.

Of course, they want retentions to be good, but they want them legally doo and not as a result of loan schemes, Employee Benefit Trusts, charged credit cards and undeclared income. At AF we have no truck with any of this. But we will use everything at our disposal to maximise our clients’ take-home pay through:

  • legitimate business expense claims,
  • Expat and Impat tax regimes,
  • Double Tax Treaties and
  • Social Security Treaties

that, typically are not utilised by those who do not understand them.

International vs Global

International means what it says – between states. Global means across the planet. They are not the same. AT AF, we have mastered country coverage through our many years of experience with thousands of contractors working outside their home country. We have worked too with thousands of contractors working in their home country. The permutations and combinations here are enormous, and we can bring this wealth of theoretical and practical knowledge to bear on your contracting problem. We have likely faced it before but, if not, we will investigate it for you – usually at no cost.

Our Compliance portal

We have taken Compliance so seriously that we were, we believe, the first to offer a Compliance Portal to our agencies n their clients. We built this ourselves, and our Agency Fortuna is still serving agencies who rank Compliance as highly as we do.