If the individual concerned is really in business on his own account is the most relevant test of all. A self employed individual, is responsible for how his business is run. Unlike an employee, he provides his own equipment, hires his own helpers, takes a financial risk, takes responsibility for investment in management and has the opportunity of profiting from sound management in the performance of his task.
HMRC will look at the risk being taken by the contractor as it is not usual for an individual to be classed as self employed if he takes a financial risk.
Examples of financial risk are as follows:-
- The provision of your own equipment, office facilities, manuals and training.
- Having to indemnify the client against losses or damages due to your negligent acts or omissions.
- Being obliged to correct defective work at your own cost.
- Having to provide your own insurance cover, e.g., Professional Indemnity, Public Liability and Employer's Liability.
Qdos Consulting can offer additional advice on any of these subjects.