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ARTICLE · 17 AUGUST 2012

Subbie Or Employee?

Traditionally, the construction industry has often faced problems with the taxman, and consequent tax liability, over whether operatives are classed as being subbies or directly employed.

United KingdomReal Estate and Construction
Scott McKinnell
Scott McKinnell
Emma Cross
Emma Cross

Traditionally, the construction industry has often faced problems with the taxman, and consequent tax liability, over whether operatives are classed as being subbies or directly employed.

Back in 2009, we wrote about how, after decades of grumbling about false self-employment in the construction industry, the Government had decided it is time to tackle the problem head on and legislate to make the position clearer.  Three years on what has happened to the proposals?  Why have they still not materialised?

What's the scale of the problem?

According to HMRC and HMT, false self-employment occurs where workers are treated as self-employed for the purposes of income tax and National Insurance contributions (NICs) despite the fact that the way in which the work is carried out on a day to day basis demonstrates that there is an employment relationship. The number of subcontractors working within the Construction Industry Scheme (CIS) in 2007/8 who did not claim

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