HM Revenue & Customs often challenge businesses about the employed or self employed status of their workers. The question of whether someone is employed or self employed is a complex one and determining self employed status is not as simple as HM Revenue & Customs would like you to think.
An enquiry in to the employment status of your workers can be a very intrusive and worrying experience for both the individual who is subject to the tax investigation and an accountant who is not well versed in the employment status legislation.
Gilbert Tax specialise in helping people with tax problems and who need help resolving this with the Inland Revenue (HMRC) in such a way as to minimise their liabilities as far as possible.
A ruling that self employed workers are to have their status recategorised as employees can cost a business tens of thousands of pounds.
Gilbert Tax has undertaken a number of challenges to HM Revenue & Customs rulings that someone is employed and not self employed and has often found the initial findings of the Employment Status Inspector to be incorrect. It seems that the normal practice for HM Revenue & Customs is to rule that an individual is employed not self employed unless overwhelming and undisputable evidence is held to the contrary.
Often, once the full facts are established it can be demonstrated that the workers have genuine self employment status and that they are not 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 employed or self employed status enquiry by HM Revenue & Customs.
With the advent of the rules relating to subcontractors which come into force in April 2007 it is anticipated that HM Revenue & Customs will put more resources into employed or self employed status enquiries and seek to rule that more genuine self employed workers are employed not self employed.
Determining employment or self employment status is a very specialist area with complex legislation and case law and an employment status enquiry should always be handled by a specialist who is conversant with the law relating to employment status.
If you have an employment or self employment issue to resolve and would like expert tax advice or details of how we can help please phone 0800 734 3333.
Gilbert Tax understands that people sometimes make mistakes in their dealings with HMRC and that HMRC make mistakes in dealing with taxpayers. Many people do not know how to deal with HMRC or who to turn to for help resolve the tax dispute.
Gilbert Tax is a firm of tax advisors who specialise in resolving people's problems with HMRC. We have extensive expertise in dealing with all forms of tax investigations and tax disputes as well as with taking matters to the Tax Tribunal where agreement cannot be reached.
Gilbert Tax deal both directly with the individual who is under enquiry and also work with many firms of accountants supporting them in dealing with HMRC disputes and advising them on how to handle HRMC to get the best result.
The fact is that proper management of HMRC is the best way of reducing the tax, interest and penalty as well as the time taken in resolving any tax dispute.
Gilbert Tax are none judgemental and rigorously defend your position within the scope and parameter of the law. We take control and manage the process to minimise the interruptions that any form of tax investigation causes to an individual's life and business.
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