Friday 1 June 2012

Unusual tax case

Here's an interesting case on whether or not a worker is self employed - T Coffey/Dr Selvarajan v HMRC.

Mr Coffey was engaged by Dr Selvarajan to project manage the refurbishment of his clinic over a two year period. All the usual self employment tests were considered - no substitution was allowed, there was mutuality of obligation, there was no contract, Mr Coffey worked regular hours and to notify the Doctor of any holidays, Mr Coffey was paid £500 per week, irrespective of the hours worked and whether or not he was on holiday.

It looked like a cast iron case - Mr Coffey had all the hallmarks of Dr Selvarajan's employee.

However, HMRC argued that Mr Coffey was self employed, and won!!!!

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