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I worked for an agency for some time as a residential care…

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I worked for an agency...

I worked for an agency for some time as a residential care worker and was supplied work to around 3 other companies. The agency i work for is now going through liquidation. I never had a written contract and was not paid holiday or sick pay. The agency offered me shifts and i either agreed or disagreed to take them. I decided how many hours i worked. From day one the agency told me it was my responsibility to pay my own tax, however i did not do this. About 6 months after i began working for the agency they told me they would be setting me up as PAYE but this never happened. From day one the agency told me i would have to send them invoices which i did. They told me the amount (£10) that i would be paid each hour and that my invoices should reflect this. I did not make any references on the invoices to gross/net amounts. When i finally came to pay my tax i hired an accountant and the accountant says i am not liable to pay the tax the company are. Am i an employee or self employed

Submitted: 14 years ago.Category: UK Tax

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2/20/2009

UK Tax Professional: Mrs-Tax, Tax Adviser replied 14 years ago

Mrs-Tax, Tax Adviser

Category: UK Tax

Satisfied Customers: 59

Experience: Law Degree, 19 years in UK Tax.

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Whether you were employed or self employed, it is your responsibility to account for income tax. If you did not have tax deducted under PAYE it is up to you to declare your earnings (less appropriate expenses) to the Inland Revenue. Any tax that should have been paid would have been deducted from your earnings. You have received these earnings without tax deducted at source and therefore need to declare your gross income and pay the income tax due. You will also need to complete a tax return for the relevant period.

You do not mention national insurance. Self employed pay Class 2 contributions, employed pay class 1 and the employer also pays national insurance on your earnings. If you have not paid any under PAYE, you will need to ensure you have paid Class 2.

Mrs-Tax, Tax Adviser

Category: UK Tax

Satisfied Customers: 59

Experience: Law Degree, 19 years in UK Tax.

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