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Sam
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Category: Tax
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I have been taxed on earnings but the company has not paid

Resolved Question:

I have been taxed on earnings but the company has not paid me the earnings, I am self employed what should I or can I do about it please
Submitted: 2 years ago.
Category: Tax
Expert:  Sam replied 2 years ago.
Hi

Thanks for your question I am Sam and I am one of the UK tax experts here on Just Answer.

Whilst you may be self employed - this work does not mean that you will be treated as self employed with this work you do for this company, as there are strict guidelines regarding employment status. And more rules if you are a subcontractor

However can you advise - have you been paid
1) The pay less tax OR
2) Nothing at all - in which case have you just been given a statement detailing what you should have been paid (less tax)
3) Are you working within the construction Industry

Please advise further


Thanks
Sam
Sam, Accountant
Category: Tax
Satisfied Customers: 13712
Experience: 26 HMRC expertise, PAYE, Self Assessment ,Residency, Rental Income, Capital Gains, CIS ask for Sam Tax
Sam and other Tax Specialists are ready to help you
Customer: replied 2 years ago.

I have not been paid a penny from them yes a statement what I should have been paid less the tax stopped, yes construction industry

Expert:  Sam replied 2 years ago.
Hi Timothy

Thanks for your response


I can advise its right that they have stopped 20% tax as although you might be self employed and provide your services to private households and some other businesses, if you work a lot for this one company, then they are legally obliged to make 20% deductions.

This means that on your self assessment tax return at the end of the year - you would treat the income as self employment bit also add up the CIS deductions suffered and enter these on the tax return (and you will be given credit for the tax suffered)

HOWEVER the bigger issue is that you have not been paid and I am afraid there is nothing that HMRC can do about this, as its a legal issue regarding money you are owed, rather than a tax issue.(and HMRC are only interested in whether the right tax has been paid from monies you are due) You would need to get on touch with ACAS who can advise the steps you should take to ensure you are paid -
Telephone 0300 123 1100 for free support and advice


Whilst they deal with employment (rather than self employment) law - being a subbie in the construction industry is in between being self employed (which you are for tax purposes) and employed (which you are for CIS purposes with the tax deducted) but if they are unable to help then you will need to seek legal advise from a local solicitor -
I assume you have stopped working for this Contractor now -
Or we have a UK law forum here on Just Answer, who I am sure will be able to help, if you wish to post another question - and at least you will get an instant reply too (as ACAS and solicitors will be closed until tomorrow now)

Let me know if I can be any of any further assistance.

Thanks

Sam

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