Employment/Tax Advice?

[red22]

I have been working as a Sole Trader for a number of years working for various companies and individuals. However over the last couple of years I have ended up pretty much working for the same company on a self employed basis. Recently there has been some questions over my self employed status. Having checked with the direct gov website, I will admit it looks like I should be more an employee rather than self employed.

Where does this leave me? The company aren't rushing to offer me a contract, neither do they want me to leave. Would I be right in thinking that I can still offer my services by way of being a Limited Company instead of a Sole Trader? And in that case, as I will be working almost exclusively for one company, will that part of my work fall under IR35? Assuming it does, does this mean I will be paying NI and Income Tax at the standard rate for that portion of my income?

Or is the above completely wrong and no matter what I or the company think, as far as HMRC are concerned I should be an employee.


Thanks.

[red22]

I know what my tax position will be if staying Sole Trader or going Limited. Its more a case of me not wanting to be collared by HMRC at some point if they decided I should have being paying tax and NI as if I was an employee. There was also a passing comment to me from the Company that if they were audited, and it was found I should've been an employee, that any back Employer NI contributions paid by them would be recovered from me.

Looks like I'm going to have to find a new job.

[red22]

Although they would be responsible for employer NI's it was sort of suggested that they would seek to recover their "losses" via me.

Thaanks for the replies.