Is this legal?
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Thread: Is this legal?

  1. #1
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    Default Is this legal?

    Hi all and a happy new year.

    Some of you may remember that from last September hubby and I have joined forces and he is now working full time with me. We'd initially planned for this until January so I haven't been paying him however he has decided that he wants to continue working with me part time instead.

    So as if he wasn't working with me I'd have to employ an assistant I've agreed to pay him so that he feels that he's contributing (although it goes back into the joint bills etc lol)

    He's still registered as self employed so he can invoice me and I can pay him a wage but I was wondering if this is legal?

    Thanks

    M

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    Some childminders do use self employed assistants but I think you should phone the Tax people to find out if he can remain self employed or whether you need to employ him properly, deduct tax & national insurance contributions, pay holiday/sickness pay etc.

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    I was able to have a self employed assistant because she was free to work elsewhere ( and did ... helping in a gallery and dog walking ) she used to invoice me and I then paid her.

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    He will be able to work else where if he wishes as he buys and sells cars and other items.

    Just wonder if its legal or if it will be seen as cheeky as I'll be putting it through my taxes.

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    Are you saying that you DH is registered as a childminder himself or just working as an assistant to you?
    Debbie

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    He'd be working as my parttime assistant as and when needed so he'll charge by the hour.

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    I guess its like paying an assistant who is self employed but instead of a stranger it happens to be my husband.

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    Quote Originally Posted by Memina View Post
    He will be able to work else where if he wishes as he buys and sells cars and other items.

    Just wonder if its legal or if it will be seen as cheeky as I'll be putting it through my taxes.
    HMRC don't take things so personally as to even consider the idea of something being "cheeky". In fact, they aren't even interested in concepts such as "fair" and "unfair". As far as they're concerned, it's either inside or outside of the rules.

    I don't see why there'd be a problem in giving a self-employed family member work to do, so long as you follow the rules. If your brother-in-law was a plumber, you could still get him to fix your pipes and pay him, but HMRC would want to see the money going through his accounts, that's all.

    You'd possibly need an accountant to advise whether you'd be better doing this through a self-employed contract, or directly employing him - there will be pro's and con's in either event.

 

 

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