What is my employment Status....?!?!

[Deano1983]

Hello all

Just after a little help.

I will shortly be starting a new job with a company the sell a certain product, I will be going on appointments arranged by the company and for every sale I make I get a percentage commission. They said I would be self employed and I get no basic salary. So what would my actual status with the HM Revenue & Customs be?

Also what could I claim for/get back from the tax man if I am?

Also I have been thinking about starting my own company and getting paid into a business bank account, is that a good idea, I will also then be able to get a fuel card what else would this enable me to do? What about buying a car/leasing one?

Any help would be appreciated

Thanks

Dean

[cascarelli]

Revenue and Customs were cracking down on this self employed/employed status.

To be self employed you would have to set your own hours, take holidays when you want them and have someone else available to cover for you when you can't work. The company would not be able to tell you when you can work or for how long. There are probably several more criteria for being self employed but I can't remember them off the top of my head.

Years ago it used to be a lot easier to be self employed and work for one company but that has all changed now. I think it's probably very likely that you would actually be an employee from what you say or at least according to Revenue and Customs you would be.

Have you done your sums on this if you have to purchase or lease your own car etc? You'll also have accountants costs and possibly vat etc if you are truly self employed.

[Deano1983]

Well I give the company my availability for the next week and they give me the leads. So I have full control on when I work.

THey have other people who when I tell them I am not working will get contracted and asked to cover the lead.

How does it work, if I am selling then can I get leasing on business rates?

[buildersmate]

I'm afraid Cas is very likely correct and HMRC will regard you as employed. However this is going to be a problem for your 'employer' - not you. You will be perfectly well able to complete a tax return as a self-employed person, pay your tax and class of NI as a self-employed person. What is likely to happen it that HMRC will come after your 'employer' for the employer's NI contributions. That is their problem, not yours.
I can't answer the vehicle question.

[Deano1983]

I have confirmed that I am self employed. I pay my own tax etc.

Thanks for your help

[Markandshez]

I agree with the others, It doesnt matter what you have confirmed, the Tax Office will do as they wish. Go and see them and ask them to explain the IR35 regulations to you