Recent content by kyeb

  1. K

    Can Doormen be self employed?

    HMRC DO have a problem with self-employed doorman as do the Security Industry Agency and Approved Contractor Scheme (who actually report security companies to HMRC if they use self-employed people). HMRC lose revenue if the individuals are engaged on a self-employed basis and so always resist...
  2. K

    Liability Insurance

    The tax consequences are worth considering in more detail as well as the insurance. People engaged by an agency should have PAYE and NI applied to any payments they are due. This is set out in s.44 of the Income Earnings and Pensions Act 2003. An agency can engage self-employed people but...
  3. K

    Sub-contractor entitlements

    It is the Agency Workers Regulations that you are referring to. These Regulations wouldn't apply in your scenario however as you are a subcontractor and the regulations do not apply to self-employed people. If you wanted the same rights you would have to start off proving you were not...
  4. K

    PAYE registration??

    I would be tempted to get another accountant. Whether they pay their own taxes does not govern whether you should register under the CIS Scheme as a contractor. At the point you start paying someone else and the work you provide is within the CIS scheme (which on the face of it seems like it...
  5. K

    Thief contractor, must be paid?

    Hi Marie A little off topic but I would be very careful with regard to engaging cleaners on a self-employed basis. There is specific legislation (Categorisation of Earners Regulations) which stipulates that cleaners may be self-employed for tax purposes but that you have to pay national...
  6. K

    Employers NIC is being deducted from net pay

    Hello The way it would normally work with an umbrella is that at the point employer's NI is calculated, it is the umbrella company's income (just the money they received from the aency), not the individuals money. They therefore account for employer's NI prior to paying the individual. The...
  7. K

    Disguised employment

    Hi Tommy With regard to the first question, do you mean how long is it likely to be before you get challnged by HMRC or how long can a subcontractor work for you before it might be considered 'employment'? If it is the first, as SJBeale has pointed out, it could be anytime and is really pot...
  8. K

    Employment law

    No worries, if you need contracts drafted, I know a reputable company that specialises in drafting bespoke self-employed contracts. Obviously it will costs a few quid but having poorly drafted contracts can cause more damage than good so always best to deal with people that know the ins and...
  9. K

    Employment law

    Cleaning potentially opens up a whole new can of worms for you... There is specific legislation that deals with the employment status of cleaners that you should be aware of. Thi does not apply to all types of cleaning but covers office cleaners. If you type in 'Categorisation of Earners...
  10. K

    Employment law

    hello National Minimum Wage would not apply to self-employed people. That said, it would seem harsh and a little unethical for them to go from being employed at NMW and getting holiday pay on top to self-employed and losing their holiday pay and dropping below NMW. They would not be entitled...
  11. K

    Self employed , starting to employ others. Tax/NI/rules/thresholds?

    Agency route- I would avoid at all costs referring to yourself as a sports agency. There is specific legislation covering "agencies" (section 44 ITEPA 2003), which basically stipulates that if you operate as an agency, you must operate PAYE on all payments made. Employee route - Looking into...
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