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HMRC
often challenge contractors about the employment status of their
subcontractors. A ruling that those individuals are employees can
cost a business tens of thousands of pounds.
Gilbert
Tax has undertaken a number of challenges to status rulings and
has often found the initial findings of the Status Inspector to
be incorrect. It seems that the normal practice for HMRC is to rule
that an individual is employed unless overwhelming and undisputable
evidence is held to the contrary.
Often
once the full facts are established it can be demonstrated that
the sub contractors are genuinely self employed
Gilbert
Tax can also help you design systems and procedures that will assist
your business in developing robust controls and contracts to aid
in any status enquiry by the Inland Revenue.
With
the advent of the rules relating to subcontractors which come into
force in April 2007 it is anticipated that HMRC will put more resources
into this type of tax investigation and seek to rule that more genuine
self employed subcontractors are employees.
This
is a very specialist area with complex legislation and case law
and should always be handled by a specialist or an accountant who
is conversant with all of the law.
If
you have a Status Issue and would like expert Tax advice or details
of how we can help please phone 0800 734 3333 or click
here
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