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On 6th December 2006, The Chancellor announced a proposal to change the law in repect to the way some contractors can be paid. Although it is only in a consultation phase at the moment, it is generally expected that the proposals will come into force.

The management team at Dasa Consulting have, together with our legal advisors spent a great deal of time checking the impact that this could have on the industry. Whilst a number of MSC (Managed Service Companies) and some "umbrella" companies will need to extensively change their policies and procedures, Dasa Consulting and our contractors should remain unaffected by the legislation. Our main reasons for this are:

All our contractors are employed by Dasa Consulting Ltd.

We only pay contractors by PAYE.

Full National Insurance contributions are paid according to PAYE law.

We have always operated in a totally legal manner and never expoited possible grey areas or loopholes.

 

Under the proposed legislation published in December 2006, if a company falls within the definition of a managed service company, PAYE and NIC should be applied to all payments made to workers. HMRC/HM Treasury have today published draft legislation to enable them to recover PAYE/NIC debts from appropriate third parties where those debts remain unpaid by the managed service company.

The proposals are part of HMRC’s approach to tackling non compliance by managed service companies as published in their consultative document on 6 December 2006. This legislation will enable HMRC to recover PAYE/NIC debts from managed service company providers and other third parties who may have either directly or indirectly encouraged, facilitated or otherwise been involved with the provision by the managed service company of the services of the individual. As well as managed service company providers, most likely affected are businesses such as employment agencies but it could also affect end users i.e. the organisations which ultimately engage the services of the worker involved. The legislation also enables the PAYE/NIC debts to be recovered from the directors and office holders of such businesses.

 

 
 
 
 
 
 
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