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Company declaring me as an employee when I'm not

  • 08-10-2020 01:21PM
    #1
    LegacyUser
    Registered Users, Registered Users 2 Posts: 166,006 ✭✭✭✭


    Hi guys
    I'm in a bit of a bind at the moment. I worked as a PAYE employee for a few years, before leaving at the start of this year to go self-employed. Registered with Revenue as self-employed from early January, while registering my leaving of the PAYE job.

    However, I still do some freelance contract work for that workplace. Have submitted a few invoices for the work, and been paid. However...I was still getting a payslip with a few euro deducted for PRSI etc.

    Obviously COVID came along, finances are non-existent. I have applied for the COVID payment, and been rejected as 'my employer is declaring me for the EWSS' - eh? I'm not an employee!

    I spoke to the accountant at the company, who said that it's normal for all contractors to be put through the PAYE system there. But that's completely screwing things up for me now as I'm essentially tied as an employee to that company despite not being one! What can I do from here?


Comments

  • #2
    antix80
    Registered Users, Registered Users 2 Posts: 2,418 ✭✭✭antix80


    The obvious thing would be to contact revenue and ask for the record to be corrected.


  • #3
    Jim2007
    Moderators, Business & Finance Moderators Posts: 11,064 Mod ✭✭✭✭Jim2007


    Well presumably the accountant at the company, is of the opinion that you do not meet the criteria set out by the Revenue: https://www.revenue.ie/en/self-assessment-and-self-employment/construction-industry/are-you-self-employed-or-an-employee.aspx

    Have you showed him documentation relating to your registration as a self-employed person?


  • #4
    Mrs OBumble
    Registered Users, Registered Users 2 Posts: 26,742 ✭✭✭✭Mrs OBumble


    You registration as self-employed is irrelevant. The company still regards you as an employee. You can easily be both freelance in some circumstances and and employees in others at the same time.

    The big issue is that if they are claiming EWSS for you, then they should be paying you regularly too. If they are not doing this, then their claim is likely fraudulent. It's likely the account does not want this issue raised with Revenue. You need to talk more to him about it.


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