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New job requiring me to self assess - FIS or other repercussions?

  • 07-10-2015 4:44pm
    #1
    Registered Users, Registered Users 2 Posts: 24


    Hello,

    So, I got a new job (working from home, 20 hours per week, fixed working week & salary etc) in a voluntary organisation. I have yet to sign the contract, draft being sent in a few days.

    My new employers wish me to invoice them 'my fees' every month (as a contractor might) and to do my own tax returns etc (self assess). My fees will be my monthly salary - it will be fixed. My working week is fixed. I will be entitled to all standard employee rights - statutory probation, annual leave. sick leave, notice etc.

    Doing this obviously benefits them in some way. But I want to know what the repercussions for me might be?

    - as an employee (on stated salary) I will be entitled to FIS - but as they want me to invoice them (as a contractor might) and self assess does this mean I will not be entitled to FIS?
    - can I self assess without hiring an accountant? (- as this will cost me)
    - am I still insured by my employer if I am self assessing?

    Will I be losing out in any other way? Any benefits?!

    Many thanks :D


Comments

  • Moderators, Business & Finance Moderators, Regional South Moderators Posts: 6,854 Mod ✭✭✭✭mp22




  • Registered Users, Registered Users 2 Posts: 1,815 ✭✭✭satguy


    Some jobs just seem to cost you money if you take them,, maybe give this one a miss..


  • Registered Users, Registered Users 2 Posts: 24 littlebee


    Ok. Thanks. But I wouldn't be self employed either as I don't own the business, am not exposed to financial risk by having to bear the cost of making good faulty or substandard work carried out under the contract. I don't assume responsibility for investment and management in the enterprise. I don't have the opportunity to profit from sound management in the scheduling and performance of engagements and tasks. I don't have control over what is done, how it is done, when and where it is done and whether he or she does it personally. I'm not free to hire other people, on his or her terms, to do the work which has been agreed to be undertaken. I can't provide the same services to more than one person or business at the same time. I won't provide the materials for the job.
    I won't provide equipment and machinery necessary for the job etc.

    However, I am under the control of another person who directs as to how, when and where the work is to be carried out. Supplies labour only. Receives a fixed hourly/weekly/monthly wage. Works set hours or a given number of
    hours per week or month. Works for one person or for one business. Receives expense payments to cover subsistence and/or travel expenses etc = employee.

    Also, I've just read: Statements in contracts considered by the Supreme Court in the
    ‘Denny’ case, such as “You are deemed to be an independent contractor”, “It shall be your duty to pay and discharge such taxes and charges as may be payable out of such fees to the Revenue Commissioners or otherwise”, “It is agreed that the provisions of the Unfair Dismissals Act 1977 shall not apply etc”, “You will not be an employee of this company”,
    “You will be responsible for your own tax affairs” are not contractual terms and have little or no contractual validity. While they may express an opinion of the contracting parties, they are of minimal value in coming to a conclusion as to the work status of the
    person engaged.

    And, the fact that an individual has registered for self-assessment or VAT under the principles of self-assessment does not automatically mean that he or she is self-employed.

    Think I may have answered my own query!!! Will get contract and then contact Revenue!


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