Strict PAYE obligations exist for employers in the UK. PAYE withholding is required when an employee from an overseas parent, subsidiary or associated company visits the UK to work either for a planned project or on an ad-hoc basis. There is no de-minimis limit for this and as such PAYE is due from the first day of work in the UK.
To assist with the administration in this area, HMRC introduced the Short-Term Business Visitor Agreement. This enables the PAYE obligation to be relaxed in situations where individuals coming to the UK originated from countries with which the UK had a Double Taxation Agreement and would not be subject to UK tax. Organisations are required to execute an agreement with HMRC which requires annual reporting of business visitors (by 31 May following the end of the tax year) in exchange for a relaxation of the PAYE obligation.
Ongoing tracking of business visitors is required to make the annual reports and to reduce the reconciliation exercise that can be needed at the end of the UK tax year. Having a responsible tax strategy that includes strengthening of controls around the compliance risks posed by business visitors is a key component of ensuring that your business is not at risk of reputational harm.