Revenue Tax Briefing Issue 33, September 1998
The following article sets out guidelines on deciding whether an individual is to be treated as employed or self-employed for tax and social insurance purposes. The guidelines have been prepared jointly by Revenue and the Department of Social Community & Family Affairs (DSCFA).
The terms “employed” and “self-employed” are not defined in law. The decision as to which category an individual falls into must be arrived at by looking at what the individual actually does, the way he/she does it and the terms and conditions under which he/she is engaged, be they by written or verbal agreement or implied. It is not simply a matter of calling a job “employment” or “self-employment”.
Status as an employee or self-employed person will affect:
In most cases it will be clear whether an individual is employed or self-employed. However, it may not always be so obvious and in some cases it may be difficult to determine where the dividing line falls.
The Courts have laid down a number of guidelines over the years. These guidelines are mentioned below and should help in reaching a conclusion. It is important that the job as a whole is looked at including working conditions, when considering the guidelines. The same guidelines generally apply for tax and PRSI and employment protection purposes.
While all of the following factors may not apply, an individual would normally be an employee if he/she:
Some points to remember
While all of the following factors may not apply to the job, an individual would normally be self-employed if he/she:
Some points to remember
If there is still doubt as to whether a person is employed or self-employed the local tax office or Scope Section of DSCFA should be contacted for assistance. Having established all of the relevant facts, either Revenue or the DSCFA will give a written decision as to status. A decision by one Department will generally be accepted by the other, provided all relevant facts were given at the time and the circumstances remain the same. However, because of the varied nature of circumstances that arise and the different statutory provisions, such a consensus may not be possible in every case.
Appeals against decisions made by either the Inspector of Taxes or the Scope Deciding Officer may be made, as appropriate, to either:
The Appeal Commissioners who are an independent body and hear tax appeals. Tax appeals can be initiated on foot of an assessment which issues after the tax year to which it refers. Decisions made by the Appeal Commissioners can be appealed to the courts
The Social WelfareAppeals Office who are also an independent body and deal with appeals on Social Welfare issues. Their decisions can be appealed to the High Court on a point of law.
The following information leaflets are available:
IT 10 Guide to the Self-AssessmentSystem for the Self-Employed
IT 11 Employee’s Guide to PAYE
IT 23 Main Features of Income Tax Self-Assessment
IT 48 Starting in Business
Copies of these leaflets are available from any tax office or from the Revenue Forms & Leaflets Service at 01 - 878 0100
SW 3 Employer’s Guide to the PRSI Contribution System
SW 63 Guide to PRSI for non-PAYEEmployees
SW 74 Guide to PRSI for the Self-Employed
Copies of these leaflets are available from the PRSI Information Section, DSCFA, at 01 - 704 3274
Employed or Self-Employed - A Guide for Tax and Social Insurance, available from either contact point mentioned above.