Before we proceed: If you are a construction company processing subcontractors through the Construction Industry Scheme (CIS), you can relax, this change does not affect you. It only applies to umbrella companies operating PAYE payroll.
As companies deal with the complexities of payroll, staying up to date with UK tax policies is critical to avoid consequences and ensure compliance. A huge change is coming in 2026 that will impact umbrella businesses, recruitment agencies, and end clients who rely on umbrella payroll services.
From April 2026, a shift in legal liability will require businesses supplying workers in the umbrella supply chain to take duty for making sure PAYE (Pay As You Earn) tax and National Insurance Contributions (NICs) are properly deducted, even when using an umbrella company. Here’s everything you need to understand about those modifications and how agencies can stay compliant.
Background to the 2026 Umbrella Payroll Liability Changes
Currently, many UK businesses use umbrella companies to manage the employment of temporary workers, particularly in industries such as construction. These umbrella companies are responsible for handling payroll, ensuring that PAYE and National Insurance (NI) contributions are deducted and submitted correctly. However, from April 2026, this obligation will no longer rest solely with umbrella companies.
The new rules will shift legal responsibility for payroll taxes to the recruitment agency, or to the end client in cases where no agency is involved. This means agencies operating within the labour supply chain can no longer outsource the legal liability for PAYE tax and NIC deductions.
The UK government introduced this change after discovering that a significant number of umbrella companies had been failing to meet their tax obligations. HMRC reported that around 275,000 workers were engaged through non-compliant umbrella companies in 2022/2023, leading to losses of approximately £500 million in tax avoidance.
The government aims to tackle tax avoidance and ensure businesses operate with full transparency, while also protecting workers from unexpected and often substantial tax bills.
Why Are These Changes Necessary?
The shift in legal liability for payroll tax obligations is a direct response to the major issues related to non-compliant umbrella companies. For years, umbrella companies have been used by recruitment agencies and businesses to facilitate payroll processing for temporary workers. However, a significant number of these umbrella companies have failed to meet the necessary HMRC tax guidelines, with some becoming involved in tax avoidance schemes. These failures have often led to individuals receiving unexpected, large tax bills, leaving them at risk of financial difficulty.
These changes are designed to close the current tax gap, prevent tax avoidance, and protect workers from being unknowingly involved in such schemes. By moving the responsibility to account for PAYE onto recruitment companies and end clients, the government ensures that businesses take more control over their supply chain and avoid relying on non-compliant intermediaries. This legislation aims to improve compliance across the sector, providing workers with more protection and ensuring that taxes are paid correctly and on time.
How Will the 2026 Changes Affect Businesses?
From April 2026, businesses must be prepared for significant changes in how payroll is managed. Recruitment agencies will no longer be able to outsource their legal liability for tax deductions when using umbrella companies. If an umbrella company is involved in the supply chain, the responsibility will fall on the recruitment agency to ensure the correct tax deductions are made. In cases where no agency is involved, the end client will bear full responsibility for ensuring that tax deductions are made and submitted to HMRC.
It is important to note that these changes do not affect businesses operating under the Construction Industry Scheme (CIS). Businesses can still use umbrella companies for payroll, but they will no longer be able to shift the legal liability. Any shortfalls in PAYE or NIC compliance through umbrella arrangements will now make the recruitment agency or end client directly accountable.
Key Changes for Businesses:
- Recruitment agencies or the end client (if there is no agency) will be legally responsible for ensuring the proper tax deductions are made for workers employed through umbrella companies.
- Agencies and end clients must carry out proper due diligence to ensure umbrella companies comply with HMRC tax and NIC rules.
While umbrella companies can still process payroll and make deductions, agencies and end clients can no longer outsource the legal responsibility. They must carry out due diligence and ensure the umbrella company is compliant with HMRC rules — protecting both the business and the worker.
How the Infinity Group Assists You in Remaining Compliant
Infinity Group is a payroll specialist and is equipped to provide all kinds of payroll services such as CIS payroll services to construction companies and umbrella payroll solutions to many types of industries. Our team can assist your business in remaining ahead of the changes in payroll liability laws and ensure compliance.
We provide:
- Fully compliant Umbrella Payroll Services: Our services are implemented so that they comply strictly with the requirements of HMRC and the current rules.
- Accurate and On-Time RTI Submissions: Ensuring real-time information (RTI) submissions to HMRC, covering tax and NIC deductions with complete accuracy and compliance.
- Full Payroll Services: Our services cover any payroll requirements like IR35, CIS, and PAYE compliance ensuring that your business remains overall compliant.
You also won’t risk missing important tax updates with us, as our team combines expertise with real-time monitoring. We handle every calculation and submission with precision, ensuring your business is always audit-ready and protected from penalties.
How Businesses Can Prepare for the 2026 Umbrella Payroll Changes
As the deadline for the new umbrella payroll regulations approaches in April 2026, businesses must begin assessing their payroll and supply chain operations to ensure they are compliant with the new regulation.
We recommend the following steps:
- Due Diligence: Recruitment agencies or end-clients must assess the compliance of umbrella companies before using them. This includes checking tax compliance, employment practices, and reputability. Use HMRC’s labour supply chain due diligence guidance.
- Legal Indemnities: Put legal agreements in place that protect your business from liabilities if the umbrella company fails to meet its PAYE tax obligations.
- Understand Joint and Several Liability: Be aware that under the new rules, agencies and end-clients may be held jointly and severally liable for PAYE tax that umbrella companies fail to pay. This significantly increases the financial and legal risks for businesses that do not vet umbrella companies properly.
- Train or Upskill Staff: Ensure HR, finance, and recruitment staff are trained on the new responsibilities and due diligence requirements. They should be familiar with updated processes and HMRC compliance guidance.
- Review Contracts with Umbrella Companies: Amend contracts to reflect the new responsibilities, including clauses on due diligence, indemnities, and compliance requirements.
- Update Internal Policies and Procedures: Incorporate umbrella compliance checks into your recruitment and HR policies to ensure ongoing alignment with HMRC’s requirements.
It is important that businesses act proactively to ensure that by the time the changes come into force in 2026, they are well-positioned. Delaying this process could result in fines, legal issues, or disruption to your workforce.
Conclusion
The 2026 reforms of umbrella payroll liability are a transfer of the PAYE and NIC tax deductions liability. These changes can be addressed without fear by using expert payroll solutions provided by Infinity Group, ensuring that UK tax regulations are not violated.
By collaborating with us, you will be able to protect your business, shield your workers from any tax surprises, and avoid the risks of working with non-compliant umbrella companies.
Don’t wait until the last minute. Review your payroll system now to ensure that your business is ready for the new rules.
Talk to The Infinity Group today to inquire about how we can help your business stay compliant with payroll rules without limitations.
Most Commonly Asked Questions (FAQs)
- How do the new regulations of umbrella payroll in 2026 look like?
The new regulations will shift the responsibility to recruitment agencies or end clients (if no agency is involved) for ensuring that PAYE tax and NIC deductions are correctly made when workers are engaged through umbrella companies. - What are the implications of such changes for recruitment agencies?
Recruitment agencies will face legal and financial consequences if the umbrella company they use fails to operate PAYE correctly, including making the correct deductions and payments of PAYE tax and NICs to HMRC. - What will happen if a recruitment agency fails to comply?
If a recruitment agency fails to comply, HMRC can hold it responsible for any unpaid PAYE tax and may issue fines or other penalties. - What does Infinity Group do to keep businesses compliant?
We offer fully compliant umbrella payroll services, handle all HMRC submissions, and ensure tax payments are made accurately at the right rates. - Do workers get affected by these changes?
Employees will still receive their net wages with tax and NICs deducted. However, the responsibility for ensuring the correct deductions are made will shift to the recruitment agency or the end client. This change is designed to protect workers by reducing the risk of incorrect tax deductions and ensuring statutory entitlements, such as holiday or sick pay, are properly covered.