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Sam
Sam, Accountant
Category: Tax
Satisfied Customers: 13917
Experience:  26 HMRC expertise, PAYE, Self Assessment ,Residency, Rental Income, Capital Gains, CIS ask for Sam Tax
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Sam. Just double checking what I can claim for . My self employed status is as a Brand

Customer Question

Hi Sam.
Just double checking what I can claim for . My self employed status is as a Brand ambassador working in a duty free outlet. I receive 10£ per hour.
Submitted: 1 year ago.
Category: Tax
Expert:  Sam replied 1 year ago.
Hi Thanks for your question and for asking for me I cannot see how you are self employed as you go to work at the same place very day - do not incur any allowable expenses and have no tools that you purchased yourself to do the job, sell someones elses products (without earning just from sales) and are paid an hourly rate What leads you to believe you could be self employed?? See legislation here re employment status https://www.gov.uk/government/collections/employed-or-self-employed Even if there was some way this could be agreed with HMRC you do not incru any expenses that are business related.You go to the same place every day so your travel and parking in normal private travel, which puts you in a position of being able to carry out your workWe all have to eat to live and you could take your own food along, so if you choose to incur any out of pocket expenses then I am afraid these fall as being your cost to bear And we all have to pay these out for a days work So whilst its important I highlight my concern that you are not seemingly self employed. What you choose to do about sorting that factor out, I can advise whether a true self employed individual or employee none of these expenses would ever be allowable and your colleagues will be asked to pay back money if HMRC look further into their affairs. (I am ex HMRC and used to educate on expenses in employment, self employment and partnerships) I am sorry the news is not more favourable but better you get the expenses right at least Thanks Sam
Customer: replied 1 year ago.
Thanks Sam
it is essentially part time work. Not every day and you are paid on submission of an invoice. how would you itemise this on your return if not under self employement. ?
Expert:  Sam replied 1 year ago.
Hi
Thanks for your response
Part time of full time its still employment in my opinion - and it seems the company that engage you are shirking their responsibility to you just to save on Employer National Insurance, Holiday Pay and sick pay , which is unacceptable. but I appreciate we have to do what we do to find work!
But its important that you know this is not appropriate.
This is employment and the creation of you submitting an invoice is just a cover as you work x hours at a set rate, whereas true self employed work just until a specific task is completed (rather than set hours) and invoices charge for the actually costs arising - and this is just a flat rate determined by them.
I would be inclined to try ad get this put right but for you to move forward if you just want to get your tax return in then I would advise put it under self employment - just your gross income - you have no expenses and I would make a note on the additional information part of the return (this would apply whether completing online OR the paper version) that you sought some advise and the thinking is that maybe you should in fact be an employee and not self employment as per the employment status legislation.
You cannot choose whether you are self employed or not it is a matter of law and it would be wise that you highlight this to HMRC for your own position
Thanks
Sam
Customer: replied 1 year ago.
I understand Sam. Thanks for highlighting this for me. As you say I need to move forward for the purpose of this tax return but will put a note to highlight the anomoly.
As all my other employements are through agency's i receive P60 at the end of each year which highlight all the normal details. I notice that when i submit the details for the Self employent (per say) the amount of tax I 'm being asked to pay is nearer the 40% level than the basic rate of 20%. How is this ?
Customer: replied 1 year ago.
Hi Sam my Total income from the "Self employed" is
£2356 and the system is asking for £766.
Sorry to be a pain Sam there's obviously plenty i don't understand. This realy is the last info I need to know.
If you could help i'd be much obliged. I'm happy to pay what'sexpected of me just that £200 seems excesive ?
Thank you
Expert:  Sam replied 1 year ago.
Hi
Thanks for your new questions
AS this is a new position - I can either send you an additional services request so I can assist with this new question OR you will need to list this as anew question (as per Just Answer policy I am afraid and both will incur an additional charge )
So as to keep it together I would recommend that I send an additional services request which I can offer you new Q & A tome OR I can provide my telephone number for you to call me (Im in Kent in UK) and I can talk you through your return completion and the amounts being asked for.
Let me know how you wish to proceed (not sure where £200 comes from??? The additional charge would be more like £50 telephone and £40 Q and A time)
Thanks
Sam
Sam and other Tax Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Sam.
Appreciate youre busy. I need to head out but will return tomorrow.
Many Thanks for your advice.
Atleast im on the right track.Bob
Expert:  Sam replied 1 year ago.
Hi Bob
No problem if you could take the time out to rate on the level of service I have provided so far, it would be appreciated as JUst Answer then credit me for my time
Thanks
Sam