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employed or SA

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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29th Jan 2013 00:05

I'm confused

Did they have babies or not?

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By puzzel
to The Black Knight
29th Jan 2013 11:40

You are really sad

No they did not, your graciousness, mearly a working relationship though some exchange of fluids may have taken place!

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