Self employed or employed

[Paul Jenks]

Sub-Contractor, PAYE or self-employed? - UK Business Forums

[woodyguy]

Tom is right. We got advice from HMRC and checked it with legal advice, which meant that people working half a day per month for us as advisers have had to be taken onto the payroll. Not welcome news.

[Tom D]

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

 

From HMRC, just fill out the Calculator posted earlier, if your 1 day a week groundie brings his own saws and vehicle to each job, and then you or your employees work under his direction, i.e. he calls the shots and tells everyone what to do then he is a subcontractor. If you tell him what to do and he uses your kit he is an employee.

 

 

I use a guy for stump grinding, he brings everything he needs, and I just give him the address and the location of the stump. He is a subcontractor.

 

I have another guy who comes in as a groundie, he invoices me for his labour, I supply everything else. He SHOULD be an employee, even though he isn't . Like the vast majority of tree firms I am not strictly towing the line.

[Hodge]

 

I have another guy who comes in as a groundie, he invoices me for his labour, I supply everything else. He SHOULD be an employee, even though he isn't . Like the vast majority of tree firms I am not strictly towing the line.

 

That's my situation too:blushing:.

[porky]

Similar situation right through the industry, why do HMRC make it all so complicated?

[Ian C]

all change for me this year, have gone VAT reg and Jim (my groundie) who has been "SE" for most of last year is getting a contract of employment, no big issue really a bit of holiday pay and only statory sick pay. i dont know why people fret really, were IN BUSINESS and that what has to be done.

[Ian C]

Similar situation right through the industry, why do HMRC make it all so complicated?

 

They dont, its plain and simple, we make it complicated!

[JimM]

What confuses the issue Likeit, is that I use all my own kit, even fuel. I get tasked to an area of the estate, do the work and submit an invoice for the days I do.

 

I'm wondering if I need to alter my invoices to submit purely a cost for the work and not indicate how many days I take to do it?

 

I do not want to go down the employee route with them.

[woodyguy]

Own tools, ppe and fuel helps. What puts you at risk is working set days rather than for a set job. If you are paid to fell and remove a tree and are ill, then a sub contractor would be able to send someone instead. If you can call in sick and then do the job next day that you're working for them, then you are employed.

[JimM]

As it stands I can get someone else in to do the job if it was important. My days are not fixed either, as I can chop and change (scuse the pun) through the month depending on personal workload.

I invoice days for felling and invoice complete jobs if its climbing (as I bring in a climbing qual'd groundie)

 

I reckon its enough to confuse HMRC and be left alone to get on with it