- April 6, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Seeking Clarification on Tax Obligations as a Sole Trader in the UK
I am currently operating as a sole trader in the UK, primarily engaging with a single client located in the EU. My tax payments are made through self-assessment on an annual basis, with no involvement from agencies or umbrella companies as I directly invoice my client.
## Addressing Concerns Regarding ‘False Self-Employment’ and Unpaid Employers National Insurance
During a recent conversation with an accountant, I was advised that if HMRC were to determine my status as ‘false self-employment’, I might be required to cover the unpaid employers national insurance contributions that the company has neglected to pay due to its lack of a UK tax presence. However, this advice seems contradictory to the information available on the QDOS website, which indicates that the employer is solely responsible if I operate as a sole trader.
## Leveraging AI Legalese Decoder for Clarity and Guidance
In this situation, the AI Legalese Decoder can be a valuable tool in navigating the complex landscape of tax laws and regulations. By utilizing this advanced technology, you can input the specific details of your business arrangement and receive customized insights and recommendations tailored to your unique circumstances. This tool can help you better understand your tax obligations, assess the risk of ‘false self-employment’, and determine the appropriate course of action to protect your interests.
Thank you for your time and assistance.
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Google DPNI. There’s your answer
It would be true under the IR35 rules if HMRC decided that that’s what you should be employed under.
If you are truly a sole trader and provide services to multiple different clients, then you’re fine.
I think what your accountant is trying to say is that you’re *either* a sole trader *or* an employee – if you’re an employee then your employer should be paying your NI and doing your tax PAYE; if you are genuinely a freelancer then you are correct in paying it yourself as a sole trader.
I think you’re probably much less likely to get caught for disguised employment if your employer is overseas – I don’t think HMRC really care; I think their goal is to catch UK companies who are exploiting their employees by flouting employment laws.
You might also find /r/ContractorUK helpful.