Do you work with self-employed contractors and want to be sure you are not at risk of false self-employment? Marxman Advocaten in Amersfoort advises clients and employers on the DBA Act, the drafting of contracts for services and the stricter enforcement by the Tax and Customs Administration. We review your contracts and working practices and help you ensure your collaboration with self-employed individuals is legally watertight. Marxman assists clients with, amongst other things: assessing contracts for services, establishing a secure working method for self-employed contractors, advising on the enforcement of the DBA Act, and minimising the risks of additional tax assessments and fines.
Fake self-employment occurs when someone is formally registered as self-employed but, in reality, holds the position of an employee. This is not determined by the title of the contract, but by how the work is actually carried out: who decides how the work is done, is there a relationship of authority, and is the work performed personally? If the tax authorities or a court rule that an employment relationship actually exists, this may result in additional tax assessments, social security contributions and fines.
Since the Tax and Customs Administration has tightened its enforcement of the DBA Act, bogus self-employment has become a pressing risk for every client. Marxman advises you on the current rules, assesses whether your self-employment arrangements are tenable, and helps you make timely adjustments before the tax authorities come knocking.
With the right contracts and a working method that is consistent with genuine self-employment, you can significantly limit your risk. We draw up contracts for services, review your existing agreements and advise on the practical arrangements for the collaboration, so that a contractor is not subsequently classified as an employee.
Please contact Marxman Advocaten in Amersfoort. We’d be happy to advise you – ideally before an audit becomes a problem. Please get in touch.