Are you concerned about being considered a bogus self-employed worker? This label can have consequences for your employment status and taxes. It's important to understand what bogus self-employment entails and how to assess your situation.
As an entrepreneur, you want certainty about your independence. The DBA Act helps with this, but it can be tricky sometimes. What if the Tax and Customs Administration decides you're not truly self-employed? We'll explain and help you get started.
Does everything point to you being a bogus self-employed worker? Don't panic! It starts with a thorough analysis of your contracts and activities. We'll explain how to take the right steps to regain control and safeguard your independence.
Identify your employment relationship
If you've received a notice that your status as a self-employed entrepreneur is being questioned, it's important to first assess your employment relationship. Self-employment is characterized by elements such as:
- Entrepreneurial risk: Are you running financial risks in your business?
- Independence in work: Can you organize and carry out your work as you see fit without there being a relationship of authority?
- Multiple clients: Do you also work for other clients or are you dependent on one client?
- Entrepreneurial intention: Does your approach to the market match that of an entrepreneur?
Take action if you have doubts about your independence
If you suspect you may be in a situation of false self-employment, it's essential to take action. You can do this by:
- Dialogue with your client: Discuss your employment relationship and look for solutions together to create a clear distinction between entrepreneurship and employment.
- Using model agreements: Use the model agreements approved by the Tax Authorities to clarify your relationship with clients.
- Administrative adjustments: Make sure your administration such as invoices, website and business cards correspond with your status as a self-employed entrepreneur.
- Matching with multiple clients: Expand your customer base to avoid becoming dependent on a single client.
Evaluate your online presence
Strengthen your position as an independent entrepreneur by professionalizing your online presence. A clear online presence contributes to your credibility as an independent entrepreneur. Flexamedia can help you with this with a complete zzp website package with which you radiate your professionalism and position yourself clearly in the market.
Be proactive in communication
Good communication can eliminate many doubts. Therefore:
- Transparency: Be open about the nature of your work and your self-employed status.
- Willingness to cooperate: Demonstrate that you are willing to think constructively about how to best implement independent work.
Gain insight into legislation
Understand how the DBA Act and other relevant legislation work to be well-informed about your rights and obligations as a self-employed entrepreneur. This requires:
- Knowledge of legislation and regulations: Learn about current and future legislation regarding self-employment.
- Anticipating changes: Stay informed of developments and adapt your business operations accordingly.
Seek professional assistance
If you have any doubts or conflicts about your self-employed status, seek the expertise of professionals. Consider legal advisors or industry organizations with experience in supporting self-employed entrepreneurs.
Build in certainty with Flexamedia
Protect yourself and reduce the risk of false self-employment with a professional website from Flexamedia. This contributes to a strong, independent market position and helps you create clarity about your business operations. Don't wait any longer and claim your complete zzp website package today.
Frequently asked questions
Am I a bogus self-employed person? How do I know for sure?
If you suspect you might be operating as a bogus self-employed worker, examine the characteristics of your working relationship. Do you work continuously for one client and effectively follow their instructions as if you were an employee? Is there a lack of business risk, and are you not investing in your own equipment or marketing? These signs could point to bogus self-employment. To be certain, you can submit an agreement to the Tax and Customs Administration or seek legal advice.
I have been classified as a bogus self-employed person, what now?
It's important to act quickly. Discuss with your client whether you can adjust the employment relationship to meet the criteria for self-employment. If this isn't possible, consider entering into an employment contract. This protects your income and rights as an employee. If necessary, seek legal assistance to assess your situation and take the appropriate steps.
How do I prevent false self-employment and ensure a clear working relationship?
Ensure diversity among your clients and be clear about your independent status. For example, use a model agreement approved by the Dutch Tax and Customs Administration to clearly define your relationship with your client. This creates clarity about the status of your working relationship. Also, invest in your business by using your own materials, tools, or software and ensure you are visible as an independent professional.