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Old 15-03-2018, 09:56 PM   #21
danwel
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Originally Posted by Shiny View Post
Ah...but if you are a Director of a limited company, you are an employee, not self-employed
Oh and this 👍😉

Being limited company is a good way of dealing with the tax and also some of the benefts too.
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Old 16-03-2018, 09:01 AM   #22
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....does he work In East Kilbride
and what's wrong with EK?!?!?






OP, as Andy said above, I would firstly apply the correct tests to see if your son is actually classed as self employed..... if not, I would wonder what the company is up to.

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Old 16-03-2018, 09:45 AM   #23
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A long time ago (decades....) I became involved in what was then called "categorisation" i.e are you an employee or self employed.

It's not a "choice" by the "employer" and beware of putting the cart before the horse.

The first question is are you legitimately self employed?

If so then you don't get sick pay, holiday pay etc. etc.

One of the big questions (it may well have changed) was....

If you don't turn up who pays for the work you should have done?

If you are self employed it's......YOU, not the "employer" because you have a contract to provide whatever it is so it's up to you to make sure it happens.

The "employer" can quite happily sue you for whatever it cost them to get the job done as you didn't do it.

Also beware that if there is an investigation and you are found to be an employee HMRC certainly used to come after those "self employed" people for all the tax & NI that was now "owing."

Be careful and do you legal homework.

Great advice from Andyg_TSi.

Good Luck.

Andy.

Last edited by AndyN01; 16-03-2018 at 11:56 AM.
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Old 16-03-2018, 10:11 AM   #24
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I understand your thoughts and feelings and I’ve been self employed recently after years of PAYE.

Quite a lot more companies are doing it. There are advantages and disadvantages for both but in my opinion there’s nothing sinister about it. If he was PAYE they may have workplace pensions, holiday pay, sick pay, training courses etc to pay for him but self employed they don’t alve that to contend with. So yes he doesn’t ge that as such but with a good accountant he can still have lots of benefits and remain within the legal framework.
It isn't within the legal framework if he is actually an employee on the facts but submits his tax return on a self-employment basis. Sick pay, holiday, etc. are employment rights not privileges and cannot be avoided by an employer for the sake of convenience. Any competent tax professional or accountant with a tax qualification will be reviewing this as part of their advisory to their clients, if not then they are not qualified to be advising on tax matters.

Last edited by jr2007; 16-03-2018 at 10:14 AM.
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Old 16-03-2018, 10:53 AM   #25
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Originally Posted by The Cueball View Post
and what's wrong with EK?!?!?






OP, as Andy said above, I would firstly apply the correct tests to see if your son is actually classed as self employed..... if not, I would wonder what the company is up to.

It was ok last weekend when I passed through No hairy bikers on Harleys to be seen

You need to address the pot holes for a start

How you doing Quey?
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Old 16-03-2018, 12:04 PM   #26
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And a bit more....

What about public liability insurance?

If you are self employed and a member of the public gets, say, injured because of something you have/haven't done it's you the "Have you ben involved in an accident that wasn't your fault brigade" will come after.

Are you fully up to speed with Risk Assesments? You'll struggle to prove to a court that you weren't negligent if you haven't got all the paperwork to show the risks and how you avoided/minimised them. And even then.......

People have lost their house and more.

I think some insurances are a legal requirement?

Shiny is undoubtably much more capable & knowledgeable than me on insurance issues but you get the idea.

It's not just about being able to potentially reduce your tax bill.

Be careful.

Andy.

Last edited by AndyN01; 16-03-2018 at 12:07 PM.
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Old 16-03-2018, 12:05 PM   #27
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It was ok last weekend when I passed through No hairy bikers on Harleys to be seen

You need to address the pot holes for a start

How you doing Quey?
yeah the potholes are wild at the moment eh...

no riding for me yet, been stuck in the garage rebuilding the Pan...

hopefully out soon after the next round of snow heading our way...

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Old 16-03-2018, 12:25 PM   #28
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And a bit more....

What about public liability insurance?

If you are self employed and a member of the public gets, say, injured because of something you have/haven't done it's you the "Have you ben involved in an accident that wasn't your fault brigade" will come after.

Are you fully up to speed with Risk Assesments? You'll struggle to prove to a court that you weren't negligent if you haven't got all the paperwork to show the risks and how you avoided/minimised them. And even then.......

People have lost their house and more.

I think some insurances are a legal requirement?

Shiny is undoubtably much more capable & knowledgeable than me on insurance issues but you get the idea.

It's not just about being able to potentially reduce your tax bill.

Be careful.

Andy.
You don’t need written RA’s unless you employ 5 or more people.

Public liability is only needed if you’re limited company I’d say.

There’s a big difference between self assessment, self employed and limited company.

The OP and his son need to do their homework and see what is beat for them which is partly what this thread is about.
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Old 16-03-2018, 12:34 PM   #29
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Lots of people go self employed legitimately.

What im getting at is if an employer is advertising for staff......but they insist the role is self employed.

However.....the employer is:

Setting the rate of pay
Setting the times you must attend the workplace
You cannot work for anyone else, because effectively your working full time hours week in-week out for the same company

Simple tests like that indicates you should be an employee
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Old 16-03-2018, 12:42 PM   #30
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Public Liability Insurance is not a compulsory insurance, but should be in place. Employers Liability is compulsory by law and the main contractor must have this in place for labour only subcobtractors.

Bona-Fide Subcontractor (BFSC) – a BFSC generally works under their own direction and provides their own material and tools, invoicing work on a per-job basis, including costs for materials etc. A BFSC would need their own Public Liability Insurance in place and it is normally a condition of the main contractor’s own liability insurance policy that checks are made in this respect and that the level of indemnity covered is, as a minimum, the same as the main contractor’s policy.

Labour only subcontractor (LOSC) – a LOSC generally works under the direction of the main contractor and, as the name suggests, provides their services on a labour-only basis and are generally paid a labour rate. For the purpose of insurance, a LOSC is classed as an employee and it will be necessary for the main contractor to arrange appropriate Public Liability Insurance and also a statutory legal requirement to ensure Employers’ Liability Insurance in place.
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