employed or SA
So I have a situation where a person was employed (a female/clamant) who then resided with the proprietor of a business. As they resided at the same address in addition to business relationships, they created a partnership for tax purposes, not that the actual partnership for tax purposes was formed!
They both completed tax returns and paid the relevant liabilities due; they both also paid the class 2 NI due. This went on for about 2 years.
The claimant is now claiming employment status, regardless of the fact of copies of SA 302 for 5 Apr 11/12 have been completed, and having paid class 2 NI. No other income can be confirmed by the claimant.
Do you know of a case that would support the fact that the claimant was self-employed rather than employed? Bearing in mind that they lived together during that period.
Other than the tax implications/fines as to not registering a partnership. I would assume that the claimant was self-employed.
Strange one I know, but guidance would be appreciated.
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