Should I be classed as Self Employed?

Boomer17

Hi, my partner works for a company that sprays alloys and he works as there driver delivering these to their customers. He has to start work at 8am although if they need him in earlier he can go in earlier. He doesn't get to choose when he finishes its basically when the job is done. Some nights if the work isn't there he finishes at 5 ish or if he is super busy and travelling far he may not get in until 10pm. He gets paid through this other company they use but they don't take off any tax or NI so o make sure he puts some aside each month.

They provide the vehicle he drives and pay for the petrol and give him all necessary equipment.

They have said he is classed as self employed. Would this be correct? When I look at the self assessment on the gov website from the information we need to give I wouldn't say he is self employed ?

Also, if we are doing a self assessment for a tax rebate do we do a VAT assessment to pay the tax? Completely confused!! Any help would be appreciated. And what do we do about NI? How do we start paying that?

PlutoinCapricorn

This company may be deliberately trying to avoid paying holiday pay, sick pay, employer's National Insurance etc.

How long has he been working there? Do the other people who work there get their tax deducted at source?

Flyonthewall

They decide when he works and, I assume, find the jobs for him if he's their driver, they give him a vehicle and equipment. Based on that, that makes him employed.

I'm sure there's a better link, but this has a description of employment: https://www.gov.uk/employment-status/employee

Boomer17

PlutoinCapricorn wrote: »

This company may be deliberately trying to avoid paying holiday pay, sick pay, employer's National Insurance etc.

How long has he been working there? Do the other people who work there get their tax deducted at source?

He's been working there since Feb 2015. I think you are correct those are probably the reasons why they are doing it.

No others also are classed as 'self employed' I think it is just the office staff that are on the 'books'. What do we do in this case then? Just carry on as he is and do the tax returns etc ?

lazer

If you know very little about tax, perhaps consider using an accountant to submit the tax return (Self Assessment)


No VAT returns necessary unless turnover (Income) is greater £82k


National insurance contributions should be paid weekly (Class 4 I think) and then class 2 paid as part of the self assessment.


You should register as self employed when you start being self employed, and not wait until the first tax return is due.


In terms of employed/self employed - talk to Citizens advice

ohreally

http://tools.hmrc.gov.uk/esi/investigate/ESI/en-GB/Attribute~complete~global~global/qs%24s38%40Interviews_screens_xint%24global%24global?user=guest