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Sam
Sam, Accountant
Category: Tax
Satisfied Customers: 14856
Experience:  26 HMRC expertise, PAYE, Self Assessment ,Residency, Rental Income, Capital Gains, CIS ask for Sam Tax
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I am the Owner/one of the Directors of a Community Interest

Customer Question

I am the Owner/one of the Directors of a Community Interest Company. We are limited by guarantee. The company does not distribute profits, so there's no dividends. I have no shares. I pay PAYE and plenty of it. Mortgage companies want to treat me as self employed. I do fill in a return. But one mortage lender is now wanting to treat me as employed. This is confusing. In your opinion, am I self employed and can you explain why please.
Submitted: 6 days ago.
Category: Tax
Expert:  Nicola-mod replied 6 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 6 days ago.
I can wait. It’s a tricky topic
Customer: replied 5 days ago.
I see that you are struggling to answer my question. Is it better to cancel the request?
Expert:  Sam replied 5 days ago.

Hi, Sam here , one of the UK tax Experts here on Just Answer, thank you for your question and I shall reply shortly

Expert:  Sam replied 5 days ago.

HI

 

There is nothing tricky about this from HMRCs perspective - you are as employee even as a director of the limited company as paid under PAYE with a salary, the fact you have no dividends paid to you is irrelevant you even then would still be an employee but mortgage companies have the right to weigh up the risk factor in your status and this is why one has treated you as self employed and another as an employee as when its your own limited company its not the same as being employed say by an established business such as WH SMith or McDonalds - its down to their assessment of you thats all- Thanks Sam