We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
I work for my s/trader husband, how do i account for my wages?? tax implications
Options

mrsbez_2
Posts: 214 Forumite
in Cutting tax
Hi all,
I really should know the answer to this but i don't, so could do with a little help.
My husband is a sole trader and i work for him doing the books, making appointments, secretarial stuff etc and he pays me a wage of approx £100 per week, i am not paid weekly, it can be monthly, fortnightly etc.
Anyway, i am doing my husbands income tax return. We have not registered on PAYE as i don't earn very much and i'm sure this is the case that you do not have to register if you are below the NI threshold.
Anyway, i'm just wondering whether i should have completed a P46 form at the beginning of the tax year?? but then reading the P46 form, it says you don't need to send it off until the employee reaches the NI threshold, which i don't??
You can see why i am confused.
Anyway, can i happily go ahead and claim my wages as an expense on my husbands tax return, and then fill in a return for my showing my income as employment. Or can i not claim it as an expense as i have not informed the tax office i am employed by my husband??
Thanks in advance
I really should know the answer to this but i don't, so could do with a little help.
My husband is a sole trader and i work for him doing the books, making appointments, secretarial stuff etc and he pays me a wage of approx £100 per week, i am not paid weekly, it can be monthly, fortnightly etc.
Anyway, i am doing my husbands income tax return. We have not registered on PAYE as i don't earn very much and i'm sure this is the case that you do not have to register if you are below the NI threshold.
Anyway, i'm just wondering whether i should have completed a P46 form at the beginning of the tax year?? but then reading the P46 form, it says you don't need to send it off until the employee reaches the NI threshold, which i don't??
You can see why i am confused.
Anyway, can i happily go ahead and claim my wages as an expense on my husbands tax return, and then fill in a return for my showing my income as employment. Or can i not claim it as an expense as i have not informed the tax office i am employed by my husband??
Thanks in advance
0
Comments
-
There are clearly 2 basic aspects to this.
1) What is your tax position as your husband’s employee?
2) What is his position as your employer?
1) Basically, the situation you describe is that you are an employee of your husband. If your rate of pay keeps you below the PAYE and NIC thresholds and you are the only employee, then your employer does not have to open a PAYE scheme. There is no need for a P46 or any other forms.
If this job is your only source of personal income then you have no need to get involved with tax or NIC. You definitely do not have to complete a Tax Return.
If you have to complete annual tax returns for any other reason then you really need to explain if you are going to get any useful advice here.
2) If your husband has only one employee, you, then he definitely does not have to register as an employer as long as your rate of pay keeps you below the PAYE and NIC thresholds.
However, when you come to consider what deductions he can make from his profits in respect of your wages you then have to look at whether the wage he pays you is a realistic business expense.
Quite frankly, the idea of you being paid approx £100 per week, but not necessarily weekly, maybe fortnightly, monthly etc absolutely stinks to the taxman. That really smells of a convenient “wage”.
If your husband had to employ someone else to perform the duties that you do then he would have to pay a regular wage.
How much would that be?0 -
The best solution would be to set up a PAYE scheme and actually pay £100 each week. No tax or NICs would be payable (I assume you have no other jobs/pensions) but you will have to complete a P35 at the end of the tax year to declare the income as it is over the Lower Earnings Limit (£90). This would also qualify you for state pension, benefits etc.
If HMRC were to enquire into your husband's Tax Return they may ask about the work you do to earn the wage, so make sure that it is not excessive given the hours you actually work.I am an Accountant. You should note that this site doesn't check my status as an Accountant.All posts on here are for information and discussion purposes only and should not be seen as professional advice.0 -
Yes, sorry didn't quite give enough information.
This is my only income working for my husband and i do work long hours for him, more than i am actually paid for.
He is a builder and the office is based at home so i do all the organising from here whilst he just goes out and builds!!
We have everything set up and i transfer money monthly into our joint account for my wages, it's just that i occassionally transfer it into my sole bank account fortnightly or monthly from our joint account. I was concerned that i had to show the money going into my personal account rather than our joint account??? He has his own business bank account where the money is paid out from and i transfer the money into our joint account and then occasionally some on into my personal account.
Thank you, yes i think the £100 per week might be better if i that would help me qualify for the state pension.0 -
From what I have read, once you go over the lower limit for NIC, it then entitles you to things like Sick Pay and possibly Job Seekers, which if your circumstances were to change, then it might be beneficial. I haven't read up on pension entitlements.
I don't think it really matters where you transfer the money too, as long as you have access to it (ie joint account) and it is done regularly.Official DFW Nerd Club - Member no: 203.0 -
My OH and I run a building/joinery business and I do all the accounting and admin for the business.
I work around 30-40 hours a week and OH works aroun 60-70 hours.
The business it in a joint partnership and we just pay a set amount to our joint account every week at the end of the year we each pay tax on half of the profit.
Perhaps you could do something the same. If you were an 'employee' it may complicate the matter?0 -
If you follow lifeisbutadream's advice you may well find yourself hit by income shifting rules from next year.
You would also want to have a partnership agreement & of course let your insurer's know.
With your current arrangement I am worried that there is no contract of employment, so the wage could be disallowed.
You are also in breach of minimum wage law & failing to collect the S2P.
Start by finding out what your insurers would permit.0 -
Oh this is all very worrying and confusing.
What is failing to collect S2P?? sorry i'm not good with abbreviations.
All i want to do is make sure we have everything correct and that i am being paid correctly. I am doing a job and we would have to get someone in to do this job if i wasn't here, or my husband would have to work more hours himself.
So i need to make sure i have a contract of employment. We have a written down description of my pay etc, but it is not a full blown contract.
I need to make sure i am earning above the minimum wage- this is what is in our written agreement, but i often do more hours than i get paid for, this is what you do when you are married and you have a business to run!!
I will have to sit down and work out my exact average hours and then re work my written agreement and then do a contract of employment. But i can see that paying into our joint account is ok.
Thanks everyone, any more tips would be grateful. I'm just trying to do my best and making sure we are getting the best tax savings aswell!!0 -
I hope you are not getting too confused. I like to think I know a lot about Income Tax. In my days as an Inspector of Taxes that is all we dealt with. However, you tend to pick up a thing or two about the other issues like National Insurance, contracts of employment etc on the way. However, a little knowledge can be a dangerous thing but its your financial well being, not mine, that is at stake.
Your present set up seems to be that your husband is self-employed as a builder and you are employed by him as an office worker/ secretary.
If you wished, you and your husband could enter into a partnership like Lifeisbutadream. But, if I recall other threads on this site correctly, her and her husband’s partnership employ a number of employees and some contractors as well. In those circumstances it will be more acceptable to the taxman that a partnership exists. I assume that your circumstances are that your husband goes out and does all the grafting and that he employs no-one apart from you. In those circumstances, the real source of income is your husband’s skill, expertise and labour. A partnership could exist but, to the taxman, it will look like a front.
I think you are probably right to regard yourself as an employee of your husband’s business.
As regards a contract of employment I am really confident that in English law a contract is a legally binding agreement but it can be an agreement in writing or a verbal agreement. The only exception to that is that contracts for the transfer of land must be in writing. So there is absolutely nothing wrong in stating that you have a verbal contract of employment with your husband. Obviously, if you are questioned about your verbal contract of employment you and your husband should be able to give consistent answers.
Your explanation of the way your wages are paid makes sense to me but I think you would be wise to ensure consistency. If your wage is £100.00 per week make sure that £100.00 per week leaves the business bank account As you have your own bank account I think your wages should be paid regularly into that account. Once the money is in your personal account there is nothing to stop you transferring the money to your joint account. If your wage is sometimes put into your account but sometimes paid into your joint account that is not a normal employer/ employee relationship.
Turning now to “minimum wage” I think the reality in life today is that lots of employees do unpaid work for their employers. I certainly did it as a taxman and so did most of my colleagues.
Bearing in mind that your contract of employment with your husband is a verbal contract all you really have to do is ensure that the amounts you are paid are reasonable. He really can’t pay you £50.00 per hour for 2 hours a week but if he pays you minimum rate for 20 per week, what is wrong with that?
National Insurance is my real fall down point. I gather that if your husband’s business pays you enough to merit both you paying employees contributions and your husband’s business paying employer’s contributions then you could get a good deal if you go off sick or on maternity leave.
Is it worth it? I really don’t know but I just get the feeling that the answer for you is that your husband’s business should pay you a wage that makes sure that no tax or Nics have to be paid0 -
Would it be easier for you to register as self employed and then submit an 'invoice' into the company for th work you do and then pay yourself? You can choose to pay your Class 2 NIC's and that will cover you for pension, jobseekers, sick pay, etc.... if you call the IR they will help you more but that migt be a thought that is easier for you as then when you pay yourself the invoices will cover this amount and state what they are for.
Then you can do your own yearly self assessment and if you owe any tax pay it then.
Just a thought really.0 -
Very clear and coherent advice Jimmo.(AKA HRH_MUngo)
Member #10 of £2 savers club
Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton0
This discussion has been closed.
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 351.1K Banking & Borrowing
- 253.2K Reduce Debt & Boost Income
- 453.6K Spending & Discounts
- 244.1K Work, Benefits & Business
- 599.1K Mortgages, Homes & Bills
- 177K Life & Family
- 257.5K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards