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Ross Miller
Ross Miller,
Category: Employment Law
Satisfied Customers: 270
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I am a contractor and can not obtain personal data from

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Hi! I am a contractor and can not obtain personal data from self-employed. How can I handle this case? For starters, self employed has asked me to make a gross payment for my own fees.
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: I am the director of the company and I talked to him but he tells me many untrue things. I ask the data to declare the gross amount paid and he does not want and does not know what to do next.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I'm a contractor.
JA: Anything else you want the lawyer to know before I connect you?
Customer: self-employed was paid cash and transfer.

Hi there I work in employment law. Can you give me a little more detail about the situation please.

Specifically what date you are referring to and why it is needed. Also if you can describe the relationship and position of parties involved that would be helpful.

Kind regards

Customer: replied 1 month ago.
My company is active in the field of interior construction. To make a tiling installation order, at the recommendation of a self-employed who has previously worked for my company, I hired a sole trader. When I was on the site, I was asked for another price that we would not have gotten on the phone after we fixed the price of the work, he asked to make a transfer for the cash work or the gross amount transaction because he wants himself to pay their taxes. I asked for the personal details that he said he would send me later, then he said they did not stop me because he did not want to pay taxes. At the moment I need the Nino and UTR number to declare at HMRC the gross payment I made to him but he comes with other affairs that he does not want to give me the papers and to pay him any more money. I did not know how to do this. And especially as a site has created problems, she broke an inventory that cost £ 1600. He was paid for all cash and transfer work.
Regards!

Have you paid the self employed person in full and they want you to pay their tax or have you paid them minus the tax but don't have details to pay for it. Or what has been paid?

Did the same person cause the £1,600 damage and do you have anything in your terms and conditions to make contingency for this?

If you are paying someone who is self-employed, you cannot and should not be able or liable to pay their tax this is completely their own responsibility. In terms of the payment, once you have agreed a price then they have made a binding agreement and cannot change this without both parties consent. In terms of the. £1,600 damage as a self-employed person then they have to be responsible for any damages they have caused (and should have insurance to provide such a situation) if they have caused the damage then this should not fall under being your responsibility. I would advise that you pay them the price they have initially agreed to do the job for, allow them to deal with their own tax issues (as you have no liability for this) and they will also have to pay for the damage. If the third party is asking you to pay for the damage I would advise that you ask them to get the repairs or replacement done by the self employed person, if they have charged you then I would pass the costs on to the self-employed individual.

Has this answered your question?

Customer: replied 1 month ago.
But I as a contractor must declare at HMRC that self-employed has been paid gross or not?

You do not have any tax responsibility to the self employed person. They should simply furnish you with an invoice for payment the same as you would pay for any service. If a company sold you sealant you wouldn't have to inform HMRC that the company supplied it to you and they are liable for VAT. Request an invoice from the self employed person pay it and the rest of the tax issues are their own responsibility.

Ross Miller and 3 other Employment Law Specialists are ready to help you

I hope this helps and best of luck with everything.