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Local authority asking self employed PA's for UTR numbers.

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1 year 9 months ago #279126 by Sarah787
Hello,

My local authority has started asking for self employed PA's to give them their URT numbers or evidence of tax compliance ! This is because, I have been told, direct payments are is public money.

1 PA has told me that she does her work on the £1K a year tax bracket so she doesn't declare it.

The LA have told me I am responsible for ensuring she doesn't earn more than 1K a year - which I don't for a minute believe, but they have had to admit they cannot require people to give them their URT number.

Any thoughts on this?

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1 year 9 months ago #279136 by Gary
Hi Sarah787

Thank you for your question, unfortunately it is outside the remit of the forum.

I have no idea what a URT is, but members on the forum may be able to advise you.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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1 year 9 months ago #279140 by Gordon
Sarah787

UTR - Unique Tax Reference.

Several years ago the law changed and either by intention or not considering the impact, disabled people who were receiving a Direct Payment and were using this to employ a personal assistant became Employers under the law with all of the responsibilities that would entail, one of which is ensuring that the PA pays their tax correctly in regard to the PA job they are doing.

Obviously, most disabled persons do not run a payroll and would not be able to calculate any tax that is due by the PA.

I suspect your Local Authority is simply doing what the law requires them to do but with little expectation that you will be able to comply.

I'm afraid I don't know if there are any implications for not doing so, the idea of HMRC taking disabled people to court over the Tax affairs of someone else would seem preposterous.

Bottom line, as you have been told you cannot require your PA to provide their UTR, my thought is you could write to them reminding your PA that it is their responsibility to ensure their tax affairs are in order.

Perhaps try and get advice from a local Welfare agency, they may already have experience of this issue.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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