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Sam
Sam, Accountant
Category: Tax
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I am a BRP holder and trying to register as a self-employed

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Hello. I am a BRP holder and trying to register as a self-employed carer. I set up my Gateway account and got my number, but ...while registering further on I stumbled on ticking the proof of identity, where is only British passport or Northern Ireland driving license are given as options. Could you please advise me how to go around it and give my BRP ( with permission to work) as a proof of identity. Thank you.
Kind regards,
Lana

Hi

That's not deemed to be proof of identity for online registration verification purposes so a BRP cannot be used for that purpose but I'm also a bit confused why you ned to register as self employed if  a carer - you are an employee in the eyes of the UK tax office

Thanks

Sam

Customer: replied 14 days ago.
I used to work for a company. This very moment I would like to start working myself and have client who is ready to sign the contract with me but I don't understand how can I work as a sole trader/self employed if I cannot register? If I have BRP and the right to work in the UK doesn't it give me the right to register as self employed? can only work for someone? Puzzled.

Hi

Its not your choice whether you'd like to be self employed or not its a matter of law see link here

https://www.gov.uk/employment-status

NO carer is deemed self employed you should be employed directly by the person for whom you are providing care as you are not self employed - you work the hours they need you and do the work they need of you - on the days they need - so master/servant relationship - this is employment

Thanks

Sam

Customer: replied 14 days ago.
Sorry to be a nuisance but there are plenty of website telling you to register as self employed. https://www.simplybusiness.co.uk/knowledge/articles/2018/10/how-to-become-a-self-employed-carer/
One of them. If you please. I am really confused now. ))
Thank you for you response.

Hi

Yes if you are in fact self employed - your type of job is not one of self employment

So with any job you have to decide in law whether it should be employment or self employed you cant choosehttps://www.gov.uk/working-for-yourself

If an employee then you are paid a salary and tax and national insurance is deducted by the person employing you

If self employed which being a carer is never self employment nor is working in a shop or a bus driver or working in an office as you work for one person doing what they ask you to do and you have no control over the job you do

so you cannot be self employed

Customer: replied 14 days ago.
thank you. I understand that I will be hired by someone to do the job therefore am employee for them. But in order to pay taxes I don't need to be self employed? We must do PAYE and this way it will be calculated and I will not need to submit self-assessment then? This is what you say?
And one more question please: I cannot register as self-employed ( any other area of work even) because I am BRP holder and don't have British passport? Or is there a way to be registered with BRP?
Customer: replied 14 days ago.
You already answered. Sorry for delay ))

Hi

Yes so you are an employee even though you have left the company instead of being employed by the company the client will employ you (as per employment status legislation) and so  yes you have to pay tax through PAYE so you are correct you do not need to submit a self assessment as you are not self employed and do not fit the criteria for any other self assessment reasons

Other work you might choose to take up  might fall under self employment so for example selling home made jewellery or acting as an interpreter for anyone who wants to hire you - im an accountant and work directly for people who need my services so that's self employment but when working for one perosn - as amaster/servant relationship rather than provising your services to the masses and using your own equipment and setting your own fees and advising the times you will start and finish or days you can or cant assist - then it leans more towards self employment

You don't need to register as self employed that's the point i'm making you are not undertaking any work that is deemed to be self employed

And again as already advised in my first response  NO there is no way of registering with a BRP

Thanks

Sam

Customer: replied 14 days ago.
Thank you Sam for the answer and sorry to be a nuisance but English is not my first language so I am so meticulous to understand it more clear. But the thing is that I might be providing my services to couple of clients, so how can it work then? Still through PAYE? Promise, this question is the last one

Hi

Still employed by each client as care is NOT a self employed trade

Thanks

Sam

Sam and other Tax Specialists are ready to help you
Customer: replied 14 days ago.
Thank you Sam for your help

You are welcome

Thanks

Sam