Can you Be Self Employed and Employed at the Same Time?

Are you curious about whether it’s possible to have the best of both worlds – being self-employed and employed simultaneously? In this article, we will explore the dual status of being self-employed and employed, and the benefits and drawbacks it entails.

In this article, we will delve into the differences between self-employment and employment, discuss the implications of maintaining both statuses, and provide insight into the tax obligations that come with juggling these roles. So, let’s unravel the complexities and shed light on the pros and cons of being self-employed and employed simultaneously.

Can you Be Self Employed and Employed?

Understanding Self-Employment and Employment Status

In order to navigate the complexities of tax and employment law, it is crucial to have a clear understanding of your employment status. While there is no specific legal definition of what it means to be employed or self-employed, there are certain factors that can help determine your status.

Generally, an individual is considered an employee if they work for someone else and do not bear the risks associated with running a business. On the other hand, someone is likely to be self-employed if they have their own trade, profession, or vocation and are responsible for the success or failure of their business.

Here’s a quick breakdown of the key factors to consider:

Employee Self-Employed
Works for someone else Runs their own business
Does not bear business risks Takes financial risks
Supervised and directed by employer Has control over their work
Receives regular salary or wages Earns income from multiple sources
Entitled to employee benefits Responsible for their own benefits

It’s important to accurately determine your employment status, as it has implications for both tax payments and compliance with employment laws. For those who are self-employed, it’s worth noting that your income is subject to self-assessment tax returns. You will also need to make Class 2 and Class 4 National Insurance Contributions directly to HMRC.

By understanding and correctly classifying your employment status, you can ensure that you meet your tax obligations and comply with relevant employment laws.

self-employment and employment status

Balancing Being Employed and Self-Employed

Many individuals find themselves in the common scenario of having both a full-time job and engaging in self-employment. This dual status allows individuals to have the stability and benefits of traditional employment while also pursuing their entrepreneurial aspirations on the side. For example, someone may work as a full-time developer for a company but also take on freelance projects in their spare time.

However, it’s important to navigate the intricacies of managing both employment and self-employment effectively. One crucial step is to register as self-employed with HMRC to ensure compliance with tax obligations. Individuals must declare their untaxed income from self-employment in their tax returns to avoid any potential issues with the tax authorities.

Understanding the tax deadlines associated with self-employment is also essential. It is vital to submit annual tax returns on time to avoid penalties and remain in good standing with HMRC. Failing to meet these deadlines can result in unnecessary stress and potential fines.

In some cases, individuals who engage in self-employment may consider working through an umbrella company. These companies act as employers for freelancers and allow them to receive employment income through Pay-As-You-Earn (PAYE). This can simplify tax processes and ensure compliance with employment regulations.

Contractual agreements play a crucial role in balancing employment and self-employment. It is essential to clearly define employment status in contracts, especially for individuals who undertake part-time jobs or freelance work alongside their full-time employment. Seeking legal guidance in complex cases can provide clarity and mitigate any potential risks.

Benefits of Balancing Full-Time Employment and Self-Employment

The ability to balance full-time employment and self-employment comes with various benefits:

  • Additional Income: Engaging in self-employment allows individuals to supplement their full-time job income, providing financial flexibility and potential for increased earnings.
  • Entrepreneurial Pursuits: Maintaining self-employment alongside a full-time job allows individuals to pursue their entrepreneurial ventures without the need to rely solely on their own business for income.
  • Skills Development: Splitting time between employment and self-employment provides opportunities to develop diverse skills and gain experience in different contexts.

Drawbacks of Balancing Full-Time Employment and Self-Employment

Alongside the benefits, there are potential drawbacks to consider when balancing full-time employment and self-employment:

  • Time Commitment: Juggling both roles can be demanding, requiring effective time management skills and potential sacrifices in personal time.
  • Tax Obligations: Managing tax obligations and ensuring compliance with the relevant regulations can be complex and time-consuming.
  • Burnout Risk: Overloading oneself with work from both employment and self-employment can increase the risk of burnout and impact overall well-being.

Example of Full-Time Employment and Self-Employment Balance

Employment Self-Employment
Full-time job as a software engineer at XYZ Company Freelance web development projects
Benefits: healthcare, paid leave, pension Benefits: flexibility, additional income
Salary: £50,000 per annum Additional income: £10,000 per annum

Note: The table above illustrates a hypothetical example of balancing full-time employment and self-employment. The numbers and circumstances can vary based on individuals’ specific situations.

Self-Employment and Directorship

Another common scenario is being both a self-employed individual and a director of one’s own company. In this case, the individual is considered an owner (shareholder) and an employee of their company. They must submit a company tax return each year and pay taxes on company profits, either through salaries subject to PAYE or dividends subject to dividend tax.

Additionally, they may need to submit a personal tax return if their dividends exceed a certain threshold. It is important to understand the tax obligations and responsibilities associated with being a self-employed director.

director

Salary vs Dividends

When you’re a self-employed director, you have the flexibility to receive income through both salaries and dividends. Here’s a breakdown of each option:

Salary Dividends
Subject to PAYE (Pay As You Earn) tax deductions Eligible for dividend tax at a different rate
Subject to National Insurance Contributions (NICs) Not subject to NICs
Can contribute to your entitlement to state benefits Not considered when calculating state benefits

It’s crucial to carefully consider the most tax-efficient way to distribute income between salary and dividends and ensure compliance with tax laws.

Personal Tax Return

As a self-employed director, you may need to submit a personal tax return in addition to the company tax return. This is required if your dividends exceed a certain threshold or if you have other taxable income outside of your salary and dividends from the company. The personal tax return ensures that all your income is reported and taxed correctly.

Completing a personal tax return involves declaring your income, claiming applicable tax reliefs and allowances, and calculating the tax you owe. It’s recommended to seek professional advice or utilize tax software to ensure accuracy and minimize the risk of errors or penalties.

Conclusion

Balancing self-employment and employment can bring a range of benefits and challenges. On one hand, individuals can enjoy the security and perks of traditional employment while pursuing their own entrepreneurial endeavors. This dual working status allows for a diverse income stream and provides the flexibility to explore personal business ventures. However, navigating the complexities of tax obligations and accurately determining employment status are crucial aspects to consider.

To successfully manage both self-employment and employment, it is important to have a solid understanding of tax laws and regulations. Registering as self-employed, when necessary, ensures compliance with HMRC guidelines. Seeking professional advice can provide valuable guidance on tax obligations, including self-assessment tax returns and National Insurance Contributions. Accuracy in classifying employment status is vital to avoid potential issues with taxes and benefit entitlement.

By finding a balance between self-employment and employment, individuals can optimize their income and enjoy the advantages of both statuses. The security and benefits of traditional employment complement the freedom and potential financial rewards of having one’s own business. However, it is essential to remain proactive in managing tax obligations and seek professional support when needed. With careful consideration and adherence to tax laws, individuals can navigate the implications of dual working status, maximizing the benefits while minimizing potential drawbacks.

FAQs

How do you determine self-employment and employment status?

There is no straightforward legal definition, but individuals are generally considered employees if they work for someone else without the risks of running a business. On the other hand, self-employed individuals have their own trade, profession, or vocation and are responsible for the success or failure of their business.

What are the tax obligations for self-employed individuals?

Self-employed individuals must pay self-assessment tax returns and Class 2 and Class 4 National Insurance Contributions directly to HMRC.

What are the tax obligations for self-employed directors?

Self-employed directors must submit a company tax return and pay taxes on company profits. This can be done through salaries subject to PAYE or dividends subject to dividend tax. Personal tax returns may also be necessary if dividends exceed a specific threshold.

What are the benefits and challenges of being self-employed and employed?

Balancing self-employment and employment allows individuals to enjoy the security of traditional employment while pursuing their own business ventures. However, it requires careful management of tax obligations and accurate classification of employment status.

How does tax work if you are employed and self-employed?

If you are both employed and self-employed, you will need to pay taxes through Pay As You Earn (PAYE) for your employment income and complete a Self Assessment tax return for your self-employment income. The tax rates and thresholds differ between being employed and self-employed, so it’s essential to keep accurate records and report your income correctly to HM Revenue & Customs (HMRC).

Will my tax code change if I am employed and self-employed?

Your tax code may change if you are employed and self-employed. HMRC may adjust your tax code to ensure that the correct amount of tax is deducted from your employment income. It’s crucial to review your tax codes regularly to avoid under or overpaying tax.

Can I be self-employed and still work for an employer?

Yes, you can be self-employed and work for an employer simultaneously. This arrangement is known as having multiple sources of income. However, it’s essential to manage your time effectively and ensure that you meet all tax obligations for both your self-employment and employment income.

Can I work a second job self-employed?

Yes, you can work a second job as self-employed alongside your primary employment. Many individuals take on freelance or consulting work in addition to their main job. It’s important to consider factors such as tax liabilities, National Insurance contributions, and any potential conflicts with your primary employment contract. Be sure to inform HMRC about your self-employment activities and fulfill all legal obligations.

Leave a Reply

Your email address will not be published. Required fields are marked *