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I'm thinking of taking on a stylist on a self employed basis

Customer Question
Hi I'm thinking of taking...
Hi I'm thinking of taking on a stylist on a self employed basis of 50/50 split, do they have to invoice me or do I invoice them and what the best contract to do as the Nhf one is quite complicated. It's all so confusing as I don't what to be on the wrong side of HMRC. Also an rental of the charge be separated from the business . Thankyou sarah
JA: Have you documented this or discussed it with HR?
Customer: I've ask my acccountant but it's seems I'm doing all the work, so I'm going to seek advice from another acccountant, as most salons are doing this.
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Sorry I don't understand
JA: What confuses you?
Customer: The stylist would like to go full time on a self employed basis of 50/50
JA: Anything else you want the lawyer to know before I connect you?
Customer: what is the best contract to do
Submitted: 2 months ago.Category: UK Tax
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9/18/2017
UK Tax Professional: Sam, Accountant replied 2 months ago
Sam
Sam, Accountant
Category: UK Tax
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Hi, Sam here, one of the UK Tax Experts here on Just Answer, Thank you for your question - I shall reply shortly.

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UK Tax Professional: Sam, Accountant replied 2 months ago

HI the sylist can only be self employed IF

1) You rent a chair to them which takes into account the running costs you wish to include within that rent

2)That they have their own diary and client list and own telephone line and make only their own appointments (you cannot do this for each other)

3)They operate their own hours of working and can take whatever time off they like

4) They use their own products and keep their own stock

5) They can run their own promotional offers and discounts as they see fit

6) have their own price list on display

7) have their own insurances for public liability and professional indemnity

8) pay for their own training and have the appropriate certificates to display when offering set treatments

9) pay and have their own means to advertise

So in essence just share the same space with you and pay you rent accordingly - with no interference from you or expectation of them supporting your client base/business

If you do not meet all of then then this individual will NOT be self employed whether they want to be or not but will have to be your employee as per employment legislation and whilst many hairdressers might be attempting to do this many are being overturned by HMRC and charged late tax, national insurance, penalties and interest for breaking employment law and status legislation so take care as many fail to ensure there is a true separation of business

If you are to go 50:50 then your only other option is become partners or form a limited company where you are both directors - but then you would need to establish what they will bring to the table in terms of initial investment

Thanks

Sam

Thanks

Sam

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