subcontracting to the same company

[jonno141]

A opportunity has came up for me to contract to one company for a while.i have been told you can not work for one company for more then 75% of your time anybody know a way around this

 

thanks jonno

[Johny Walker]

A opportunity has came up for me to contract to one company for a while.i have been told you can not work for one company for more then 75% of your time anybody know a way around this

 

thanks jonno

 

just get on with it,

[benedmonds]

A opportunity has came up for me to contract to one company for a while.i have been told you can not work for one company for more then 75% of your time anybody know a way around this

 

thanks jonno

 

There is no set rule, this 75% of your time is nonsense. As a freelancer I wouldn't worry about it. Your employer has to be concerned as they are the ones who are in the "wrong," (even though you both might like the arrangement) and going to be stung by HMRC if they get checked.

 

Put your details in this as see what it says.

 

https://www.gov.uk/employment-status-indicator

 

We have offered fixed term contracts to our guys who previously would have been kept on as freelancers. Means I pay them less as a daily rate but pay NI and Holiday pay etc..

[leotandoh12]

Ive always been told that as long as you not the for more then &5% over the year its fine otherwise you are employed

[Stubby]

How much is &5% ?

[Kev Stephenson]

a bit less than &6% :001_tt2:

 

I would have thought it was 75%

[benedmonds]

How much is &5% ?

 

It's b*%*cks.. whatever it is. Go to the HMRC site... and stop repeating numbers that some bloke down the pub/on an internet forum told you...

[hamdogg]

As long as you some other invoices to your own jobs etc it's fine! How can they tell you to be employed when you have your own kit and do your own jobs????

[benedmonds]

As long as you some other invoices to your own jobs etc it's fine! How can they tell you to be employed when you have your own kit and do your own jobs????

 

Not so. You can be employed to one company and self employed as well. If the HMRC believe you are employed then having a few invoices ain't going to matter. Use their handy tool and it will tell you if it believes you are an employee or not.

 

There are plenty of folk out there with jobs being paid PAYE and self employed at weekends.

 

It is unlikely to make a difference to the employee, the employer should be aware however. Because as I understand it, the employer is the one who will get chased to pay any unpaid taxes etc.. Also an employee could presumably make a fuss and claim employee rights that the employer hasn't been giving the employee, due to the fact they incorrectly thought they were a sub contractor.. and therefore not entitled to them.

[AardvarkTreeServices]

You can work for one company for as long as you want and be self employed!! What is important is the relationship you have with the company.

 

There are 3 tests for self employment which are control, substitution and mutuality of obligation!

 

You have to control how the work is done, not the company you work for. If you control how the work is done that is a strong indicator of self employment.

 

If you dont have to do the work yourself and can send someone else to do it then that is an absolute indicator of self employment.

 

If the company you are working for isnt obliged to offer you continuous work, or you are not obliged to accept any work offered, then that is another good indicator of self employment.

 

You can ignore the bull on the HMRC web site as that is there to get you into employment which brings in more tax and NI