EMPLOYMENT: According to my accountant there are 8 criteria the authorities use to define if someone is employed.
The most important 3 are:
Does X have an obligation to supply work?
Direct Control / Supervision?
Own Tools
There is a new test that the revenue has set up online that helps you to define if you are an employer or not.....
I make sure that the max days they work are 4, so they have time to do their own work.
VAT
June 2018 to May 2019 I'm over the VAT limit for the first time. You need to be over for 12 consecutive months to be liable for VAT. So I'm looking at a 10-13% VAT bill minus what I can claim back. Not great, and a real schoolboy error on my part to be getting this bill....
This is what my accountant writes about the VAT issue. It is from a Linked In Thread:
• Hi Oliver, I have done a little research into your VAT question. I understand how you have interpreted the VAT Notice on taxi companies acting as agents for drivers, however this is a very specific area hence the dedicated VAT Notice. There isn't a similar one for window cleaning, nor general cleaning. A couple of considerations: Does your business receive payment for the cleaning and then pay the workers their invoices? Or alternatively, do the workers receive the pay directly and your business charges them a percentage or set amount for each business referral? Self-employed taxi drivers and taxi companies typically acting as agents operate the latter. The taxi driver takes the fares but pays a rental for things like the radio and a royalty per lead/collection they are given. They may also pay a monthly retainer fee. Unless you operate a similar model to this I think you/your accountant would struggle to present a strong case to HMRC if the turnover of the business exceeds the VAT threshold. I would suggest writing to HMRC (you or your accountant could do this to present your case) to get clearance in writing. I hope this helps. My personal opinion would be to maintain the residential business but grow a VAT registered Commercial business also (separate business and ownership structure). Approach clients on business parks, find out where new developments are springing up who wouldn't already have window cleaning facilities in place. Have a great weekend. Kind regards
Oliver james 12:18 PM
Here is what I'm proposing with respect to the VAT. 1. Pay VAT bill from when we went over the threshold. 2. Going forward: GoCardless (the direct debit providers) transfer money daily into a separate account of ours that's used for nothing else. Once a week, we check our software for the amounts collected per partner and that amount is transferred to the partner We invoice the partners at the end of the month. Because the money passes through one of our accounts we clarify on every invoice to the partners that we are acting as agents in collecting the cash. We collect payments centrally acting as agents for our partners. The fact that we're acting as agents is stated on every single invoice we produce. The partners pay their partner fees separately. The money from Go Cardless is never ours and VAT doesn't enter into it. What are your thoughts? Oliver
Accountant 2:42 PM
Hi Oliver, 1) Have you exceeded the VAT threshold in the last cumulative 12 months? If so, have you registered for VAT? You normally receive a grace period of 1 month (but check the effective date for VAT) and then you must start charging VAT. So if you only exceeded the VAT threshold last month, you would register this month and then from the effective date (probably 1st of next month) begin charging VAT. 2) You are changing the method of business by acting as an agent for identifying and distributing work/jobs to sub-contractors and collecting payment on their behalf. All monies collected are transferred to your partners either a) less a monthly finders fee or b) you charge them a monthly flat fee or fee per completed job for the work they do.
• I think you would have a strong case should HMRC contest your reasoning to demonstrate that you are acting as an agent in a similar way that a taxi company does.
• MAY 24Oliver james sent the following message at 1:35 PM
View Oliver’s profile
Oliver james
Oliver james 1:35 PM
Thank you for your expertise on this, much appreciated. Enjoy the bank holiday weekend!
• Accountant Accountant sent the following message at 2:02 PM
View Accountant’s profile
Accountant Accountant
Accountant Accountant 2:02 PM
You too, Oliver
There is a thread on CIU discussing this, you need to scroll to the second page to get the entire story.
http://www.cleanitup.co.uk/smf/index.php?topic=212994.20