Employee or self-employed for tax purposes

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Reference no: EM133809402

Question

Explain whether Inland Revenue is likely to consider that Helen is an employee or self-employed for tax purposes. Use the five tests developed in case law (i.e. control, independence, integration, intention and fundamental) to frame your answer. Helen works part-time as a gym instructor for a well-known gym in downtown Wellington. As she has a full-time job as a consultant, she can only take classes outside of normal working hours. Typically she would take around 5 classes every week. Helen enjoys the flexibility associated with working at the gym and she gets the benefit of free gym membership. If she gets busy in her day-to-day job as a consultant, she can ask one of the other gym instructors to take her classes. The classes that she takes are very structured - the choreography is provided by the gym management, to ensure that all the gym instructors deliver the same product to their customers. However, the gym instructors have to purchase the music themselves. All the gym instructors wear the same style of clothes, with the gym's logo and brand on them, which the gym provides free of charge. Helen is not registered for GST, as the work that she does at the gym does not exceed the threshold which would mean she had to register. Helen's contract states that she is self-employed.

Reference no: EM133809402

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