In order to answer this question it is necessary to determine whether the person works under a contract of service (employees) or under a contract for services (self-employed, independent contractor). For tax and NICs purposes, there is no statutory definition of a contract of service or of a contract for services. What the parties call their relationship, or what they consider it to be, is not conclusive. It is the reality of the relationship that matters.
In order to determine the nature of a contract, it is necessary to apply common law principles. The courts have, over the years, laid down some factors and tests that are relevant, which is included in the overview below.
As a general guide as to whether a worker is an employee or self-employed; if the answer is 'Yes' to all of the following questions, then the worker is probably an employee:
If the answer is 'Yes' to all of the following questions, it will usually mean that the worker is self-employed:
Still stuck? Well try this excellent tool from HMRC – just click here.
Follow the instructions, answer the questions honestly and openly – at the end of the analysis you will be given a summary of whether the person is employed or self employed, together with an explanation of how the tool came to this conclusion.
Information on tax for casual and part time work can be found on the HMRC website here.
BASC cannot advise individuals how they conduct their tax affairs and the only guidance we can offer is as per the HMRC guidelines.
NB if individuals wish to be treated as self employed the 'employer' must still record individuals names, addresses, dates and amounts of payments, otherwise they could find themselves liable personally for taxes not collected at source, together with penalties.
ALL payments to individuals need to be recorded and a form P38A completed by the employer at the end of the year.
For further information please go to the HMRC web site