Self employed - non-submittance of tax returns

Hi - I'm new here, apologies in advance if this is in the wrong forum (I looked at the charter!)

I'm looking for advice regarding my girlfriends current situation as regards tax returns and the best route to do same.
She is employed as a dental hygenist and works in 4 practices, 5 day week. The clients are all arranged by the surgery and she does not provide any equipment with which to do the job (e.g the surgery is her place of employment). She is paid a flat daily rate by cheque.

She last filed tax returns approx 4 years ago. I researched her situation and got conflicting advice as to (a) whether she is self employed or not.
(b) if she is self employed, the best way to rectify her current situation.

Can you please advise if tax / accountancy advice would be the best starting point (if so, to what advantage. Recommendations in the Kerry region?) OR to simply contact Revenue direct (what would be the action / processes on their part?)

Any advice would be MUCH appreciated, many thanks.

Can you please advise if tax / accountancy advice would be the best starting point

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Yes, she needs this advice, urgently. If she goes straight to Revenue without the benefit of advice as to her rights etc her case may be irredeemably prejudiced and the official dealing with her may have no option but to impose full sanctions for non-filing and non-payment of liabilities.

Many thanks Ubiquitous - I had presumed this would be the "safer" starting point to approach the matter. I wasn't aware of this situation until we recently started discussing mortgages.... you can imagine my reaction!!

Not to pull in the self promoters here, but can anyone recommend a tax / accountancy practice in Kerry that has a proven record or experience in sucessfully dealing with these matters?

Does anyone know how Revenue shall respond? E.g - are you expected to pay a lump sum OR is it possible to work out a monthly repayment plan that is manageable? Are they understanding in these dealings with people who hold their hands up, or shall legal proceedings be initiated?

Plek Trum said:

Hi - I'm new here, apologies in advance if this is in the wrong forum (I looked at the charter!)

I'm looking for advice regarding my girlfriends current situation as regards tax returns and the best route to do same.
She is employed as a dental hygenist and works in 4 practices, 5 day week. The clients are all arranged by the surgery and she does not provide any equipment with which to do the job (e.g the surgery is her place of employment). She is paid a flat daily rate by cheque.

She last filed tax returns approx 4 years ago. I researched her situation and got conflicting advice as to (a) whether she is self employed or not.
(b) if she is self employed, the best way to rectify her current situation.

Can you please advise if tax / accountancy advice would be the best starting point (if so, to what advantage. Recommendations in the Kerry region?) OR to simply contact Revenue direct (what would be the action / processes on their part?)

Any advice would be MUCH appreciated, many thanks.

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If she had been an employee over the last 4 years she would have received P 60s at the end of each tax year surely. I also thought that employers were obliged to show a breakdown of tax, prsi etc. to employees. Why did she stop filing returns in the first place?

I very much doubt that this is a straightforward employee/employer situation given that this lady appears to be freelancing to four different businesses at the one time.

PT,
your best bet to source an accountant is to ask friends or colleagues for recommendations.

She most certainly has NEVER received a P60 from her "employer"(s) (that is if she is in fact an employee and NOT self employed. Despite all my research today I still haven't received or found a satisfactory answer to that!)

Her father became extremely ill 4 years ago. Now a double leg amputee and permanently wheel chair bound she failed to do returns for the first year. Her fathers pitiful disability payment after all his honest work (almost too honest at times, empecable man when it came to obeying business and tax laws, employees etc) left a tainted wound on all his children. Left the returns for the 2nd year... and then failed to pick up again.

I'm not making excuses for her actions (or lack of) but I can understand why she became slightly dislillusioned with the tax process given the State's response to her father.

However, we are now planning on rectifying the sitution together and hence my request for any advice on getting this done as quickly and efficiently as possible.

Do you have any idea of Revenue's response in terms of action?

ubiquitous said:

I very much doubt that this is a straightforward employee/employer situation given that this lady appears to be freelancing to four different businesses at the one time.

PT,
your best bet to source an accountant is to ask friends or colleagues for recommendations.

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Hygenist's are very rarely employed by just ONE dental surgery as the number of patients for hygiene referral would be aprox one days work per surgery, hence the need to work in a number of practices. Among her colleagues that are also hygenists, they work on average between 3 or 4 practices per week.

I never realised the area of employee / self-employed could be so grey! Any clarifications on this area are welcome.. thanks.

Reading the thread again I would say it's odds on that she is self employed. A simple request from the dentist/s paying her regarding the deductions they are /are not making will confirm it to her. I would go and see an accountant without delay. If she is self employed she has a few years returns to get in and possibly tax arrears to sort out - if that is the case I can't see how she won't have interest and penalties to pay also.

Thanks for the advice and direction - much appreciated!