Taking on an employee

[Mark Bolam]

As above Eggs, I wouldn’t worry about it.

[eggsarascal]

10 minutes ago, doobin said:

You're a bona fide subcontractor with your own van and investment in a jetting machine.

 

It's the labour-only subcontractors that are more of an issue.

I’d say that’s up for debate, I’m paid by the day when doing servicing work, which sort of says I’m employed. It’s a minefield that I’ll skip around until I get a pull for it.

[openspaceman]

22 minutes ago, eggsarascal said:

I’d say that’s up for debate, I’m paid by the day when doing servicing work, which sort of says I’m employed. It’s a minefield that I’ll skip around until I get a pull for it.

My limited experience was they don't look into accounts that look legitimate; tax return completed and paid and not hovering around £12000pa .

 

This despite working for only one firm for 7 years 😉

[Mark Bolam]

At least if you do get busted you’ll be in good company.

 

Home Office fined by HMRC over incorrect IR35 assessments | Kingsbridge Insurance

WWW.KINGSBRIDGE.CO.UK

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The Home Office are the latest Government body to be subject to an IR35 bill, following on from the...

 

[eggsarascal]

18 minutes ago, openspaceman said:

My limited experience was they don't look into accounts that look legitimate; tax return completed and paid and not hovering around £12000pa .

 

This despite working for only one firm for 7 years 😉

It’s nonsense, I don’t want to be employed with the perks that come with it, the bloke who has the franchise doesn’t want me on his books, so it works well. I pay my tax on time, for now we will carry on, until one of us gets a tug.

[eggsarascal]

15 minutes ago, Mark Bolam said:

At least if you do get busted you’ll be in good company.

 

Home Office fined by HMRC over incorrect IR35 assessments | Kingsbridge Insurance

WWW.KINGSBRIDGE.CO.UK

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The Home Office are the latest Government body to be subject to an IR35 bill, following on from the...

 

Shocking, not!

[openspaceman]

1 hour ago, eggsarascal said:

It’s nonsense, I don’t want to be employed with the perks that come with it, the bloke who has the franchise doesn’t want me on his books, so it works well. I pay my tax on time, for now we will carry on, until one of us gets a tug.

It will be the employer's liability for NI that is the big difference if they do come looking.

[Dan Maynard]

Are you using your own tools and equipment and paying some costs to do so? Have you done similar work for any other clients in the last 12 months? If you go through and answer all the questions (anonymous) then you can get a determination which HMRC will stand by, I would think you are self employed.

 

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

Check employment status for tax - GOV.UK

WWW.GOV.UK

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Use the Check Employment Status for Tax (CEST) tool to find out if you, or a worker on a specific...

 

[Jackalope]

19 minutes ago, Dan Maynard said:

Are you using your own tools and equipment and paying some costs to do so? Have you done similar work for any other clients in the last 12 months? If you go through and answer all the questions (anonymous) then you can get a determination which HMRC will stand by, I would think you are self employed.

 

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

Check employment status for tax - GOV.UK

WWW.GOV.UK

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Use the Check Employment Status for Tax (CEST) tool to find out if you, or a worker on a specific...

 

That page says:

"There must be a contract in place to see whether the engagement is classed as employment or self-employment. The tool assumes there is, or will be, a contract in place."

 

What I haven't been able to establish is what constitutes a contract.

Does it need to be in writing? I.e. Job>Time/date>Cost.

 

Does a gentleman's agreement and a handshake constitute a contract? If one goes on to work under that original agreement for many months/years.

[eggsarascal]

The questions are dubious to say the least, I’ve done the test before and it states I’m SE, to tell you the truth, I don’t care.