Research on LDCs
DESK 3S
JIncome Tax
Candidate Name QIAN Weixuan
Candidate Class QIAN Weixuan
Candidate ID GJl0710011
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DearJessie
Tis my pleasure to give you some advice about your current problem,after a
deliberate reading about your situation, IT will give you the most suitable solution
ways
The first thing Ineed to explain is the different between a contract of service and a
contract for service. Actually a contract of service can be regard as employed the
employee,a contract for service can be regard as self-employed, the self employment
person. And a taxpayer is employed or self-employed is defined as the consideration
of the type of contract governing the working being done, Furthermore, a contract of
service defines that the person pay the tax via the PAYE system, then the employer
deducted from it As for a contract for service, you have to report the tax to the tax
bureau by yourself,
The following issue is about the criteria which can determine you are employed by
Abertay Hydro or not To be specific itcan divided into six points. The first one is
control, this pointis very important because this points means you can decide how,
when and where the work is carried out if you can, you are selfemployed if your
workis arranged by your company you are employed. As you are responsible for
keeping your own diary and can accept or reject client appointments as you choose,
you are selfemployed, The second one is financial risk, which means the more thar
he financial risk in the work is bome by the taxpayer the more likely to be
considered to be self-employed. As what you said, you did notreceive your P60 as
expected atthe end of atax year you should immediately considering the financial
risk The third one is relate to the equipmentthis criteria means thatif the taxpayeris
required to give some orall of the equipment required to do the work he/sheis more
Tikely to be considered selfemployed, Considering your current situation, Hydro has
allowed you to use one of their rooms, however the equipment and material is always
provided by yourself According to thisitis very clear that you are notemployed by
Aberuay Hydro The fourth one is work performance and correction The company is
equired to take foll responsibility for the quality of work 证your company did notdo
this you are more likely to be considered to be selfemployed The fith one is
holidays and sickness Tthe axpayeris not paid for absence. he/sheis more likely to
be considered to be selfemployed Im your case we can see that Abertay Hydro have
never deducted PAYEmor give you pay slip,nor paid you any holiday pay orsick pay
So you are notemployed by Abertay Hydro. The lastone about the exclusivity Ifthe
iaxpayer carries out duties fora single client Helsheis more likely to be considered to
be employed ifhelshe carries outdutics foranumber of clients,it will be defined as
Selfemployed Because you are so popular with their guests, so you are employed by
Abertay Hydro Above all these six points, Tcan say that you are selfemployed
Now Lwill talk about the taxable person and and Tax Year A taxable person can
defined as the individuals,partners and tmusts resident in the UK are charged to
income tax on their income Any period spent living in the UK can establish residence
for that tax year unless negated by a period of permanent residence abroad There are
two rmules” goveming periods spent out with the UK: the fist one is The :183-day'
males means a person who spends more than six months in the UK is regarded as
resident The second one is The ,91-day' rule, means a person who has established
permanent residence abroad will be regarded as resident in the UK if they visit he
UK for more than 91 days in the tax year Tax year indicates that taxable persons in
the UK are subject to income tax on income received in the year from 6 April to
following 5 April and this date was at one time the end of one of the old periods of
account The tax yearis referred to using the years in which it starts and ends, Once
the ax year was set ,the tax section was also setted ,because the items relate to tax
willchange every y