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Posted Sat, 19 Feb 2022 11:49:37 GMT by TaxQuestions123
I am looking to work through a tutoring agency and just wanted to confirm employment status / IR35 - I have checked the online tool which says self employed and not prone to IR35 but alot of the questions regarding costs are irrelevant due to the nature of the work. They informed me that I would be self-employed as a sole trader but I wanted to know if that is correct and who is responsible for determining that? - Their T&C's say tutors are responsible but I believe they fit the medium/large business in terms of employee count and turnover. They will find me students to tutor via their website, provide an online lesson space to conduct tutoring and deal with invoicing the student on my behalf. They state that contracts are between students / tutors but dealt with via the website. I am flexible on how much to charge (within specific price bands), how many hours to work, where to work, how to complete the work (within an hour lesson space online) and I am responsible for equipment (i.e. laptops / power) and my tax returns etc. I am free to work for any other agency and they state that there is a contract for services. They pay twice a month based upon lessons completed, taking a fee and charging me VAT on the service they provide i.e. finding students and providing an online space to tutor. I am not sure, but they may seperate entities for invoicing / payments etc.
Posted Mon, 21 Feb 2022 15:30:29 GMT by HMRC Admin 17

Hi,
 
If you need further advice regarding this then you may wish to speak to our IR35 team:

Off-payroll working (IR35)    .

Thank you.

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