Am I employed or self employed?
Am I employed or self employed?
Author
Discussion

Gixer968CS

Original Poster:

852 posts

117 months

Friday 15th May 2020
quotequote all
genuine question - I own a limited company together with two other directors. I am the Managing Director and the largest single shareholder, but overall the other two together own more shares than me and so effectively have control of the business. In terms of the law am I self employed (as I own a big chunk of the business) or am I employed by the Ltd company?

Venturist

3,472 posts

224 months

Friday 15th May 2020
quotequote all
Does the Ltd pay you a salary?

Gixer968CS

Original Poster:

852 posts

117 months

Friday 15th May 2020
quotequote all
Yes, on PAYE

Venturist

3,472 posts

224 months

Friday 15th May 2020
quotequote all
Then you’re employed by the Ltd.
Your directorships and shareholdings are a separate thing. smile

Gixer968CS

Original Poster:

852 posts

117 months

Friday 15th May 2020
quotequote all
Venturist said:
Then you’re employed by the Ltd.
Your directorships and shareholdings are a separate thing. smile
Thanks for that, that is what I thought but could to have it confirmed

DSLiverpool

16,503 posts

231 months

Friday 15th May 2020
quotequote all
Gixer968CS said:
Yes, on PAYE
More than £710 ish?

matjk

1,112 posts

169 months

Friday 15th May 2020
quotequote all
Don't know how true this is but i was told by HSBC that if you are a large share holder in a Ltd company that you also work for , credit worthiness is effectively worked out as if you were self employed.
So although you are an employee they don't count it as such

Skellum

89 posts

96 months

Friday 15th May 2020
quotequote all
Is this to do with being furloughed?
Two dental labs which supply us are both one-man businesses, operating as limited companies.
Both technicins pay theselves a wage, but each has taken advice from their relative accountants and the opinion in both cases is that they could not furlough themselves.

Of course you may be thinking of something of something else, so sorry if this is irrelevant.
Friday 15th May 2020
quotequote all
Skellum said:
Both technicins pay theselves a wage, but each has taken advice from their relative accountants and the opinion in both cases is that they could not furlough themselves.
Both technicians should sack their accountants.

RB Will

10,840 posts

269 months

Friday 15th May 2020
quotequote all
matjk said:
Don't know how true this is but i was told by HSBC that if you are a large share holder in a Ltd company that you also work for , credit worthiness is effectively worked out as if you were self employed.
So although you are an employee they don't count it as such
I’ll confirm that for you. I’m in a similar setup to the OP and when organising my mortgage with HSBC they said I had to be classed as self employed

Slaav

4,370 posts

239 months

Friday 15th May 2020
quotequote all
RB Will said:
matjk said:
Don't know how true this is but i was told by HSBC that if you are a large share holder in a Ltd company that you also work for , credit worthiness is effectively worked out as if you were self employed.
So although you are an employee they don't count it as such
I’ll confirm that for you. I’m in a similar setup to the OP and when organising my mortgage with HSBC they said I had to be classed as self employed
Mortgage companies generally treat you as self employed when you own more than X,Y or Z% of the shares and will then want to see the books of the Ltd Co. Purely for underwriting / assessing the loan/mortgage.

As usual, it is often a simple case of ‘what works out worse for you’ and that’s applied in everything wink

Lewis44lovestorace

15 posts

80 months

Saturday 16th May 2020
quotequote all
If you own more than 25%, self employed

fooman

1,223 posts

93 months

Saturday 16th May 2020
quotequote all
1.Ltd company owner on PAYE - you can be furloughed.
2.Ltd company owner paid dividends only - you cannot be furloughed.
3.Sole trader / self employed - can be furloughed on separate scheme to PAYE furlough.



anonymous-user

83 months

Saturday 16th May 2020
quotequote all
The answer to the question "employee or self employed?" can vary according to whether the issue is employment rights or tax status. It would be unwise to rely on advice given here for the purposes of either of those issues.


Dixy

3,647 posts

234 months

Saturday 16th May 2020
quotequote all
Why, the Ltd co is a separate legal entity and it employs him.

megaphone

11,654 posts

280 months

Saturday 16th May 2020
quotequote all
fooman said:
1.Ltd company owner on PAYE - you can be furloughed.
2.Ltd company owner paid dividends only - you cannot be furloughed.
3.Sole trader / self employed - can be furloughed on separate scheme to PAYE furlough.
3, is not quite accurate. Self employed/sole traders can get a grant under the self employment income support scheme. They are not furloughed and can carry on working if they want.

megaphone

11,654 posts

280 months

Saturday 16th May 2020
quotequote all
Skellum said:
Is this to do with being furloughed?
Two dental labs which supply us are both one-man businesses, operating as limited companies.
Both technicins pay theselves a wage, but each has taken advice from their relative accountants and the opinion in both cases is that they could not furlough themselves.

Of course you may be thinking of something of something else, so sorry if this is irrelevant.
Are they still working? They cannot be furloughed if they are still working, this may change.

catso

16,420 posts

296 months

Saturday 16th May 2020
quotequote all
Gixer968CS said:
Venturist said:
Then you’re employed by the Ltd.
Your directorships and shareholdings are a separate thing. smile
Thanks for that, that is what I thought but could to have it confirmed
I'm in a similar situation; director of Ltd company - not self-employed & never have been in the 40 years that I've been working however, last year whilst sorting out my self assessment I discovered that HMRC had 'decided' that I was also self employed and were asking me questions regarding this.

No idea why and it seems they don't either? (I certainly never told them I was) but they won't/can't change it on their records and wouldn't accept that I didn't receive any self-employed income and so told me that they would have to put in £1 as self-employed income? confused





anonymous-user

83 months

Saturday 16th May 2020
quotequote all
Dixy said:
Why, the Ltd co is a separate legal entity and it employs him.
In this case, the employment rights position and the tax position might coincide, but they don't in every case. The OP would be very unwise to take advice on either issue from this forum.

voyds9

8,490 posts

312 months

Saturday 16th May 2020
quotequote all
catso said:
I'm in a similar situation; director of Ltd company - not self-employed & never have been in the 40 years that I've been working however, last year whilst sorting out my self assessment I discovered that HMRC had 'decided' that I was also self employed and were asking me questions regarding this.

No idea why and it seems they don't either? (I certainly never told them I was) but they won't/can't change it on their records and wouldn't accept that I didn't receive any self-employed income and so told me that they would have to put in £1 as self-employed income? confused
Well at least you'll get a grant for £2.40