Here are a few notes surrounding the issue, am I self employed? HMRC’s criteria regarding who is and who is not self employed can be complex, but is narrowed down, to two very important points: Are you responsible for losses incurred by your engagement, can you send a substitute in place of yourself to complete your contractual engagement? Driving, (Taxi or LGV) through an agent or ‘base’ has difficulties in complying with these clauses, meaning you are in contravention of HMRC’s IR35, which states that attending the same place of work continuously and submitting invoices to one single agent/contractor defines you as employed and subject to tax at source, national insurance will be at class 1. Accountant’s say ‘there is no such thing as a self employed driver’ this is a fact, not an opinion! However there is a solution, operating through a limited company allows the director to gain income from whatever source they may choose (in line with the general business activities of the company). I do not favour the use of ‘service companies’ which by using the company as an umbrella, they distribute agreed expenses to directors arriving at a reduced tax commitment for the participants, minus a fee, of up to £80.00 per month. HMRC will close this loophole shortly, harming those wishing to comply for the benefit of their client’s.
Self employed or not self employed that is the question
1st July 2010
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