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Self employed sub contractors

Hi - I've got a young guy that helps me out on larger landscaping jobs and I use him on a self employed basis as he does his own stuff when I do not need him.I pay him cash at the end of the job buy my accountant said I should get him to sign some disclaimer saying he has received the money and is responsible for his own tax and national insurance contributions.Does anyone have an example of this I could modify and use at all?RegardsSteve

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  • you could pay his tax through cis? I work for 2 contractors who pay us via cis, basically take 20% tax of the total paid to me...

  • Yes same problem I would like a disclaimer if there is one ???
  • there is no disclaimer, as it comes under CIS tax, if you pay him cash you are paying his tax out of your pocket,
    unless he invoices you and pay him as a supplier, but if its labour only still comes under CIS.
    easy answer is to do it correctly you are covered then, accountant should know this

  • Don't get into the 'cash habit'. Keep it straight, keep it professional and sleep at night.

  • He should be submitting invoices if cash but id look down registering for cis

  • The only person who benefits from you paying him cash is him. Either get him to give you an invoice after each job, that is what we used to do then you can pay cis if relevant. Now I have my core staff on salary and casuals are still PAYE but on a zero hours contract

  • Yes - I think I will get him to write an invoice after each job he helps me with
  • in the tax mans eyes, you STILL HAVE TO TAKE TAX OFF,invoice will NOT cover you paying him as the law states tax must be taken,only way out is if he is a LTD.company, you do as you like but before making that choice ring the tax man

  • Tax only comes off if registered for cis, we were trading as a sole trader and doing contract work for local councils for around 3 years and not having tax stopped until I wrote on an invoice tarmac, that falls under cis, so the council being registered for cis meant we then had too so they could stop 20% and then down the line to my sub contractors. A bit of a pain but most years means we get a rebate rather than a bill so not all bad!

  • 1. Don't go via the CIS route unless you have more commercial clients.
    2. Insist on having proof that the person is registered self employed with the tax office
    3. Only pay upon receipt of an invoice from him and ideally pay via direct bank transfer or cheque.
    if paying cash make sure that you record the cash as being received from your clients etc. for accountancy reasons. Do not withdraw cash from your bank to pay the sub contractor unless he gives you an invoice etc.

    Note - the sub contractor does not have to be a limited company!

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