Assistant help please

[lorettacritchet]

Hi, I know this may not be entirely the right section but it is to do with tax :)

I am so confused, I have been speaking to the tax office amongst other childminders about self employed assistants. I don't understand some are saying the assistants can't be self employed and others say they can be and are.

I have tried to use the status indicator on HMRC and doesn't seem to be working....please can anyone offer advise.

thanks

[zippy]

I may be wrong but as a starting point for you I would say that if your assistant works solely for you they are employed, of they are seeking work with others as well they are self employed.

[lorettacritchet]

Yeah that's what I was aware of. The assistant would only be working a few hours a week so technically she could still be "free to seek" work. Her wages would also be under the threshold of £103 a week.



I may be wrong but as a starting point for you I would say that if your assistant works solely for you they are employed, of they are seeking work with others as well they are self employed.

[loocyloo]

my assistant was self employed as she helped me a few hours a week, did some elderly care a few hours a week and various other bits & pieces!

[rickysmiths]

Your Accountant would be the best person to advise because they know your individual circumstances.

[MrAnchovy]

Assistants are always viewed by HMRC as employed (unless they are a partner in your business). I'm not saying that some people don't have assistants who they treat as self employed, but I am saying that if HMRC investigate or they are taken to an employment tribunal or worst of all the assistant suffers an injury or contracts an illness such as German Measles at work they are going to have a nasty shock.


she could still be "free to seek" work

That doesn't make any difference I am afraid.


Her wages would also be under the threshold of £103 a week.

And nor does that - if she already has another job you will have to operate PAYE and deduct 20% tax from everything you pay her.

[lorettacritchet]

Ok....not what I planned for BUT could I employ this lady for 5 hours a week, anything will be extra work and when it comes to holidays and sick I only pay her a max of those 5 hours a week?


Assistants are always viewed by HMRC as employed (unless they are a partner in your business). I'm not saying that some people don't have assistants who they treat as self employed, but I am saying that if HMRC investigate or they are taken to an employment tribunal or worst of all the assistant suffers an injury or contracts an illness such as German Measles at work they are going to have a nasty shock.



That doesn't make any difference I am afraid.



And nor does that - if she already has another job you will have to operate PAYE and deduct 20% tax from everything you pay her.

[Chatterbox Childcare]

I have rung the HMRC on 5 different occasions about this and was told on each occasion that as long as the person is free to look for work elsewhere and could leave you then they can be classed as self employed.