Self employed or employed

[Paul Jenks]

HM Revenue & Customs: Deciding whether your work comes within CIS

 

You're right. there isn't a blanket application of CIS to arboriculture. I was mistaken. We've always carried out works for PLC's and £1m+ construction companies so it has applied to us all the time we've been trading. Even before we reached the VAT threshold.

 

The ACAS website has a lot of good information for employee rights.

[likeitorlumpit]

https://www.gov.uk/holiday-entitlement-rights/entitlement

 

I stand corrected

Its 28 days and can include bank hols in this. Thats basically work 9 days, have the tenth day off.

[likeitorlumpit]

Thats a good source of information for employers and employees

Nice link:thumbup1:

[Hodge]

I'm going to start a new thread based on part of this thread:)

[JimM]

Great thread.

I do 10 days (or less) per month for a local estate. Plus I do my own work, plus I sub for other arb firms in the area.

I understood that it had to be 50% time based to then become "employed" but following the link above and doing the employment status indicator it says that I'm self-employed.

As it stands I'm far happier being in control of what I do, especially HSE and tools wise.

It'll be interesting to hear what my accountant says when I hand in my books.

[Tom D]

How much time you work is irrelevant, wether you are an employee is down to what, how, with who's tools, and under who's supervision.

 

Use the calculator that someone posted earlier.

 

In order to be truely self employed you really need to be working with your own kit and under your own direction for several different companies, if you make a mistake you will rectify it at your own or your insurers expense. Few "subbies" in the arb world fall into this category, only the serious and expert subby climbers who bring their own rigging kit for example.

 

 

It is also worth noting that what the insurance industry classes as an employee is not necessarily the same as what HMRC does.

 

You can hire a groundy only 1 day a week, if he uses your kit under your direction then he is still an employee.

[likeitorlumpit]

Great thread.

I do 10 days (or less) per month for a local estate. Plus I do my own work, plus I sub for other arb firms in the area.

I understood that it had to be 50% time based to then become "employed" but following the link above and doing the employment status indicator it says that I'm self-employed.

As it stands I'm far happier being in control of what I do, especially HSE and tools wise.

It'll be interesting to hear what my accountant says when I hand in my books.

 

Are you sure you've gone through the questions right.

Answering 'yes' to the questions to be deemed self employed. I was thinking working on an estate then they tell you what needs doing. i.e. they don't get you to price up each job.Working for 10 days a month is half your working week. For what it's worth you could be self employed and employed by the estate on the books as it were. Just keep your accounts to show what you are doing.

[likeitorlumpit]

By the way, it doesn't matter what your accountant says. Your tax affairs are your responsibility. In fact accountants are like gardeners- they can call themselves accountants even if they have no qualifications.

[woodyguy]

People keep talking as though the people they sub for have a choice. Recently the revenue have been getting very heavy about this and insisting that anybody who works regularly for you is employed. An NHS trust was fined £1m for failing to do this recently.

 

So it doesn't matter how many hours your work. Half a day a month has been regarded as employed. You can also be self-employed for the rest of your work but if you work regularly for somebody then unless the job is priced individually and especially if you don't supply ALL your won kit, then you should be employed. Not welcome news but true. Many get away with it but it may come back to bite you.

[Hodge]

 

You can hire a groundy only 1 day a week, if he uses your kit under your direction then he is still an employee.

 

Hi Tom, please can you tell me where you got this info? Thanks:)