Background
Misleading Advertising: Gateway Outsource Solutions Ltd t/a Gateway breaks the UK advertising rules for making misleading claims and omissions for the tax arrangements offered on the https://www.gatewayoss.com/ website.
Together with HMRC, the CAP Compliance team has been taking market-wide action about the advertising of tax arrangements. As part of this work we published our joint Enforcement Notice - Advertising Tax Arrangement Schemes.
The Notice applies to websites which advertise a tax arrangement to UK individuals or businesses that has been challenged by HMRC. The tax arrangement advertised by Gateway Outsource Solutions Ltd was challenged by HMRC and subsequently this issue was passed to the Compliance team.
Misleading Statements
The following references on the Gateway website breach the Enforcement Notice because the arrangement has been challenged by HMRC:
- “Right first time - every time”
- “All PAYE & National Insurance managed”
On the basis that the tax arrangement offered for umbrella payroll services on the https://www.gatewayoss.com/ website has been challenged by HMRC, and contractors using the scheme may not be paying the correct tax and National Insurance contributions, we consider these statements are likely to mislead consumers.
Omissions
Ads for schemes under HMRC challenge may be advertised – but it is particularly important to be clear and upfront about the potential risks to customers of entering into the challenged arrangement.
HMRC investigation does not necessarily mean that a claimed tax advantage will not be upheld. It does mean, however, that there is a risk that the scheme will not successfully deliver the tax advantages claimed, which should be disclosed. Omission of the disclosure of risk of entering the scheme is a problem.
The Gateway Outsource Solutions website has not laid out any of the risks of entering into their tax arrangement as laid out in the Enforcement Notice.
The CAP Compliance team contacted Gateway Outsource Solutions Ltd and, in the absence of a substantive response, took the decision on 11 April 2023 to place Gateway Outsource Solutions Ltd’s company details on this section of the ASA website. These details shall remain in place until such time as Gateway Outsource Solutions Ltd t/a Gateway has appropriately amended the https://www.gatewayoss.com/ website to ensure compliance with the CAP Code.
