Church Organist employment status

[innate]

I don't know whether this is an appropriate forum for this topic. Apologies if not.

 

Prompted by http://www.allsaints...ectorofmusicjob I am wondering about two questions of employment law.

 

One is the old chestnut of self-employed status. It has been mentioned on this board and elsewhere that whatever an organist's tax status is for the rest of his employment any regular contracted position as a church organist is understood under English law and HMRC to be employed rather than self-employed, in other words the organist should be on the church pay-roll and NI Class 1 deductions should be made and PAYE Tax deducted according to tax-code.

 

The second is a VAT question. Is it legal to say that a fee will be treated as inclusive of VAT where the person carrying out the work is registered for VAT but will be paid in full to someone who isn't registered?

[pcnd5584]

I don't know whether this is an appropriate forum for this topic. Apologies if not.

 

Prompted by http://www.allsaints...ectorofmusicjob I am wondering about two questions of employment law.

 

One is the old chestnut of self-employed status. It has been mentioned on this board and elsewhere that whatever an organist's tax status is for the rest of his employment any regular contracted position as a church organist is understood under English law and HMRC to be employed rather than self-employed, in other words the organist should be on the church pay-roll and NI Class 1 deductions should be made and PAYE Tax deducted according to tax-code.

 

The second is a VAT question. Is it legal to say that a fee will be treated as inclusive of VAT where the person carrying out the work is registered for VAT but will be paid in full to someone who isn't registered?

 

With regard to the first question: having had to sort this out for myself, As far as I am aware, an organist is indeed treated as employed by the Inland Revenue. I wonder why this church has thought it necessary to try to make this point.

 

I cannot answer the second question - I suggest that you contact Barry Williams.

[wolsey]

A Director of Music can be either employed or self-employed, and the Incorporated Society of Musicians has separate standard contracts available for employed or self-employed status.

[innate]

This discusses a recent development in the hire of musicians:

 

http://www.musiciansunion.org.uk/news-events/2012/10/05/national-insurance-contributions-and-self-employed-musicians/

[innate]

There is an update, following, I imagine, sustained and determined lobbying by the Musicians’ Union. Whether this changes the situation for regular church organists would be beyond my pay grade, as they say.

 

http://www.musiciansunion.org.uk/news/2013/10/23/good-news-on-national-insurance-and-thank-you/