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Official guidance
Employment Status Manual

ESM0100 · Procedural aspects of status work: table of contents

  • ESM0140 · When and how to seek advice from IPD Technical (Status Team)
  • ESM0141 · When and how to seek advice from Employment Status and Intermediaries (ES&I)
  • ESM0101 · Procedural aspects of status cases: overview
  • ESM0102 · Procedural aspects of status cases: Departmental structure
  • ESM0103 · Procedural aspects of status cases: when and how to seek advice
  • ESM0104 · Procedural aspects of status cases: general enquiries
  • ESM0105 · Procedural aspects of status cases: extent of review
  • ESM0106 · Procedural aspects of status cases: written decisions and opinions
  • ESM0107 · Procedural aspects of status cases: actual cases - what to do when you have formed an opinion
  • ESM0108 · Procedural aspects of status cases: written opinions
  • ESM0109 · Procedural aspects of status cases: written opinion - standard format letter 1
  • ESM0110 · Procedural aspects of status cases: written opinion - standard format letter 2
  • ESM0111 · Procedural aspects of status cases: binding nature of opinions in writing
  • ESM0113 · Procedural aspects of status cases: liabilities pending an agreement
  • ESM0114 · Procedural aspects of status cases: SA enquiries and status reviews
  • ESM0115 · Procedural aspects of status cases: telephone enquiries
  • ESM0116 · Procedural aspects of status cases: settling cases
  • ESM0117 · Procedural aspects of status cases: where there is agreement
  • ESM0118 · Procedural aspects of status cases: advice/liaison on status issues
  • ESM0119 · Procedural aspects of status cases: formal procedure in disputed cases - general
  • ESM0120 · Procedural aspects of status cases: formal procedure in disputed cases - use of Regulation 72 Condition A SI 2003 No. 2682
  • ESM0121 · Procedural aspects of status cases: formal procedure in disputed cases - Regulation 86 of the SS (Contributions) Regulations 2001 (SI 2001 No. 1004)
  • ESM0122 · Procedural aspects of status cases: differences between tax and NICs
  • ESM0123 · Procedural aspects of status cases: differences between tax and NICs
  • ESM0124 · Procedural aspects of status cases: differences between tax and NICs
  • ESM0125 · Procedural aspects of status cases - submissions to IPD Status Technical Team
  • ESM0126 · Procedural aspects of status cases: complaints about competitors getting better treatment
  • ESM0128 · Procedural aspects of status cases: follow-up action
  • ESM0129 · Procedural aspects of status cases: general letters to individuals about chargeability as trading income
  1. Procedural aspects of status work: table of contents
  2. Procedural aspects of status cases: differences between tax and NICs

ESM0124 | Procedural aspects of status cases: differences between tax and NICs

From HM Revenue & Customs · Employment Status Manual

Other situations where there will not be uniformity

Staff may have to consider for NICs purposes the question of whether a worker is a ‘self-employed earner’ or is not an ‘earner’ at all. This addresses a different borderline. The tax equivalent is the borderline between Cases I or II of Schedule D (which covers income from a trade, profession or vocation) and income, or capital, from another source (for example, investment income or Case VI of Schedule D (other income)). Because the legislation is different here, there will not necessarily be uniformity of treatment for tax and NICs purposes.

Informal opinions about such cases for NICs purposes need not mention income tax treatment and advice about such cases should be sought from the Status Inspector.

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