new to self-employment (told wrong info from tax office too!!!)

mtem74

just a quick question

do you have a contract with the company?

It's one of the first things a status officer would want to know.

Wiggynut

mtem74 wrote: »

just a quick question

do you have a contract with the company?

It's one of the first things a status officer would want to know.

no contract!

chriiiiiiiis

There is an employment status tool here:

http://www.hmrc.gov.uk/calcs/esi.htm

Employment status is not a matter of choice.

Cook_County

"company xmas dinner" - this is a wind up surely! You are employed by these guys whatever anyone thinks. I would suggest visiting a CAB to sort out your employment rights if you cannot afford a solicitor.

Treading_Water

Wiggy - unfortunately I do think you will find that you are employed. But if so it will be your employer that is liable, not you. Also unfortunately that may mean that he "no longer requires your services".

Hugh_jarsole

I have a part time employed job and am a part time self employed photographer. I recently had a job for 3 months taking photos of cars every week and was told I pay my own T & NI. I used me DSLR and car etc so I log all this on my bookeeping software. Plus, b4 I staretd I went on one of these very helpful course run by the Tax office and am going on another for SA next year. http://www.hmrc.gov.uk/bst/

If in doubt with dealing with any company on the phone these days what with press this for that and that for this etc whilst listning to some funeral music all at your expense, write a letter cos its cheaper and send it by RD and at leat you got it in writing!

jimmo

In my days as a Status Inspector for HMRC tales such as Wiggynut’s were all too common and I guess things haven’t changed very much. Internal procedures in HMRC have changed quite substantially but the general principles are still the same.
I agree with those who have advised Wiggynut that he is in fact an employee but, because we don’t have all the facts, we cannot be certain.
In my days it was standard procedure to hold separate face to face meetings with the payer and the payee as well as look at all the paperwork. That way I knew exactly how each side viewed the situation before making a decision.
That’s what we don’t have here, the views of the payer.
Whilst it is very common for HMRC to be in the front line in making status decisions the decision has to be based on general law, not tax law.
Having said that, it does seem that Wiggynut’s payer is following an all too common trend of arbitrarily re-classifying its employees to self-employed. It can be done with proper planning and contracting but just calling former employees “freelance” simply stinks.
Wiggynut, I really feel that the chances are about 99% that you are actually an employee and have right on your side. However, in the present financial climate it is equally possible that the organisation you work for could not continue in business if it had to meet all its statutory obligations vis-à-vis its employees.
What your payer is doing is almost certainly wrong but if you are the whistle blower guess whose name is going to be first on the sacking list.

negg

I know someone who was in the same boat as you. They didn't register with the tax office since the Inland Revenue rules categorically stated that they were employed.

When they left the job, they complained to the tax office about their employment status. The employer had to stump up a fine and several years worth of tax. At the time they were being paid £5 per hour and this became £5 an hour AFTER TAX according to the Inland Revenue.

You might find the same, register and pay tax now, complain when you leave and you may get a chunk of tax back and the employer may be liable for the tax payments.