Employer Return P35

halphy

Hi my husband was self employed but worked for a company, so received a wage from then and paid the staff.

He was finished off in Oct 09, I have just found a p35 that he hasnt filled in, Only thing is we cant find half the paperwork, think it is in the shop where he worked but he hasnt worked there for over 7 months.

Shall I write and explain his circumstances, What will happen if he cant find all details?

Thanks

fengirl_2

Husband was self employed and worked for a company? Thsi does not make sense. If he worked for a company, managing their shop and staff, he would more likely be an employee and the shop owner would have been making the tax and NIC deductions. If this P35 is really in his name, then it looks as if he registered as an employer - but should he have done so? If he did, he is liable on the face of it, but I woul like some more details in order to unpick this.

halphy

No he ran the shop for the company, he had to register as self employed, they paid the salaryinto his business account and he paid staff costs etc.

I thought it was wierd!

halphy

He had to register for VAT aswell, they paid the vat due for the period to him and he sent to HMRC, is it a way to save them money if they employ someone self employed?

fengirl_2

Yes, saves them money, hassles, etc and completely unlawful. I wonder if they were evading tax on the income from the shop as well.
If was your OH, I would report all this to HMRC and not take the responsibility.

John_Pierpoint

Think we need the husband to explain this.
Could it be some sort of profit share/franchise operation where the master company offers to do the office work - for a fee.

halphy

John_Pierpoint wrote: »

Think we need the husband to explain this.
Could it be some sort of profit share/franchise operation where the master company offers to do the office work - for a fee.

He didnt haver a clue about it, he worked as an employee then he was asked to run the shop.

halphy

fengirl wrote: »

Yes, saves them money, hassles, etc and completely unlawful. I wonder if they were evading tax on the income from the shop as well.
If was your OH, I would report all this to HMRC and not take the responsibility.

They have shops all over the uk and all shop partners are self employed, so it must be legal??

fengirl_2

Not necessarily!

halphy

LOL, they get away with it!

amf

halphy wrote: »

he paid staff costs etc.[/QUOTE

If correct (i.e. the staff pay came from his money) this fact ends all argument.....defo self employed.

This seems like a company which has received good advice about how to turn employment into self employment.