Just How Can The Beater/Shoot Overcome The Taxman?

Posted by Articles Point on Wednesday, August 15, 2012

HMRC has often paid attention to individuals who, should often be “employed” by their paymasters in contrast to offering their services on a “self-employed” basis. The reason being different tax treatment can be applied.

When the beater’s salary really should be “earnings from employment” then it must be subject to PAYE and NI. This process might be onerous pertaining to both the individual plus the shoot and will attract penalties if not applied properly. Beaters and the shoot will no doubt wish to avoid this.

Fundamental tax demands

A Company should operate PAYE and NI with respect of all employees. This contrasts with a self-employed individual who should take into account their particular taxes plus National insurance to HMRC under Self Assessment.

PAYE can entail long registration, frequent payments to HMRC, filing deadlines plus charges for incorrect or even overdue reporting. There should also be both employers plus employees’ NI contributions to administer. Consequently, where feasible, it's not surprising that beater (and also the shoot) would prefer the beater always be treated as self-employed to avoid the challenging PAYE problem.

HMRC would of course prefer most people today to be treated as “employed”. NI contributions may also be higher along with expense claims will be more restrictive for the “employed” man or women.

HMRC approach to beaters

In HMRC’s continuing quest to squeeze the taxpayer further - the beater/shoot relationship has not went unseen.

The work status and means of remunerating a beater really should be established by if the individual is a ‘casual beater’ or not.

A ‘contract’ from a casual beater and a shoot is to be deemed as 1 of service (“employment”) and therefore the usual PAYE requirements must apply. Nonetheless, HMRC acknowledges that practical difficulties can easily occur whenever employers have to operate PAYE for short term arrangements on small amounts. As a result HMRC have agreed that beaters may be treatable as everyday casuals and tax does not need to be subtracted provided:

i) The beater is engaged for a time period of up to a day along with the employment finishes that day with no agreement for additional work

ii) The beater is paid off in cash at the conclusion of that working day

To ensure the employment does indeed end on the exact same day, there can be no arrangements in place to keep the services beyond that point. But the same beater can be utilized by the same shoot once again in the future. If there was a contract (implied or formal) with regard to future services then this could be a ‘contract’ and PAYE obligations would come into force.

It is advisable to observe that if HMRC do assess a beater as being employed, it does not automatically entitle the “employed” beater to the associated privileges of employment for instance vacation or sick pay. HMRC determination is only appropriate for their collection of taxes and NI purposes.

A further caveat to the above ‘casual’ treatment is that it isn't going to apply to National insurance. The employer (the shoot) will nevertheless as a result have to deduct employee’s National insurance and pay employer’s NI if the minimum NI threshold is surpass (£97/wk).

Further obligations

Also, any operated shoot is still expected to maintain data of all paid beaters’ revenue, names and addresses. Also beaters should keep data of earnings received plus paid.

As a result of specialist nature of beaters as well as many other countryside professions, seeking expert assistance is always recommended.

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