Selfemployed or employee???

[Eliii]

Hi guys,

I have a question about selfemployment vs. employment.
My situation. I worked in Vancouver as a painter. I worked for a company - full time job, 30+ h/w for 1 year.
I had a supervisor(company owner) and I worked only for this company. However I paid my taxes totally myself.

Am I considered as a selfemployer or employee?
Thanks so much!

 

[Bs65]

Others can comment but to me sounds self employed even though paid by the same company you took care of everything that an employer might do beyond payment. Was this some sort of exclusive contract like being an employee or freelance arrangement.

 

[jes_ON]

Hi guys,

I have a question about selfemployment vs. employment.
My situation. I worked in Vancouver as a painter. I worked for a company - full time job, 30+ h/w for 1 year.
I had a supervisor(company owner) and I worked only for this company. However I paid my taxes totally myself.

Am I considered as a selfemployer or employee?

Generally, if you paid your own taxes and got a T4A (instead of a T4) you would be considered self-employed.

However, since you worked exclusively for one employer, you could potentially make the case that you were in an employer-employee relationship. For example, did your employer/client provide all tools and supplies, or did you?

The tricky part is getting a ruling from the CRA, because there is a time limit during which you can request a ruling.

Before EE, CIC required this ruling if you were self-employed "on paper" but were really in an employer-employee relationship. Currently, there is no clear guidance on whether the CRA ruling is required for CIC to accept the employer-employee relationship, or whether you can make the argument yourself. In any case, the info on the CRA website is the best available for the criteria used to determine your employment status -

http://www.cra-arc.gc.ca/E/pub/tg/rc4110/rc4110-e.html

 

[Eliii]

Thank you for your replies.

It basically worked like this. I work for 1 company (only 1 owner in this company no other employees).
He took care of the main parts (painter position) such as
- buying paint
- provide some special tools and equipment( for example power washer, skaffolding...)
- supervising me, trained me
- finding clients (take care of business such as payment from clients etc)


I provide myself only basic stuff
- brushes, rollers, gloves...

The main part: when he hired me - I was new in Canada he told me it's better if I pay taxes myself. It's easier.

I was giving him an invoice every month and when I paid taxes my accountant claim everything under "my business" and mention this company name I worked for.
Company didn't give me T4 form just kind of statement from their accountant how much money I made and I claim this amount for taxes.

I was working there 30+ h/w for a 1 year. This company will give me a letter of experience with confirmation job position, duties and duration.
I should be able to get points for this experience right?

SHOULD I TICK THE OPTION SELFEMPLOYED? This is something between but according the taxes I claimed I was probably selfemployed.

Please advice.
Thanks

 

[jes_ON]

Thank you for your replies.

It basically worked like this. I work for 1 company (only 1 owner in this company no other employees).
He took care of the main parts (painter position) such as
- buying paint
- provide some special tools and equipment( for example power washer, skaffolding...)
- supervising me, trained me
- finding clients (take care of business such as payment from clients etc)


I provide myself only basic stuff
- brushes, rollers, gloves...

The main part: when he hired me - I was new in Canada he told me it's better if I pay taxes myself. It's easier.

LOL. Easier for HIM. Not so much for you.

I was giving him an invoice every month and when I paid taxes my accountant claim everything under "my business" and mention this company name I worked for.
Company didn't give me T4 form just kind of statement from their accountant how much money I made and I claim this amount for taxes.

I was working there 30+ h/w for a 1 year. This company will give me a letter of experience with confirmation job position, duties and duration.
I should be able to get points for this experience right?

SHOULD I TICK THE OPTION SELFEMPLOYED? This is something between but according the taxes I claimed I was probably selfemployed.

Unfortunately, most of what you describe fits with "self-employment," and self-employment experience in Canada is excluded. If you check the "self-employed" box, you will not get points for this job.

If you don't select "self-employed" and apply anyway, chances are very high that you will be refused because of your self-employment. As I said before, you can ask the CRA for a ruling, but get the experience letter first... (it could cause problems for your "employer/client").

Very sorry for the bad news.

 

[Eliii]

Thanks.

How come there are no points for selfemployed? I've read that you can get points if you are able to prove the experience.

This job eperience I need only for additonal points. My primary NOC is different and met cec requirements (1year/1560 hours).

Basically I have

1 year foreign exp. noc 7246
1 year Canada exp (this selfemployed job)
1 year Canada exp oc 7246

I'm confused. Now I'm sitting on 447 and some additional points would be handy.

Thanks

 

[Eliii]

This is in document - supporting documents for ITA under WORK EXPERIENCE

"if the applicant is self-employed, articles of incorporation or other evidence of business ownership, evidence of self-employment income and documentation from third-party individuals indicating the service provided along with payment details (self-declared main duties or affidavits are not acceptable proof of self-employed work experience)"

 

[jes_ON]

This is in document - supporting documents for ITA under WORK EXPERIENCE

"if the applicant is self-employed, articles of incorporation or other evidence of business ownership, evidence of self-employment income and documentation from third-party individuals indicating the service provided along with payment details (self-declared main duties or affidavits are not acceptable proof of self-employed work experience)"

That is true for foreign work experience. But not for Canadian experience.

http://www.cic.gc.ca/english/immigrate/cec/apply-who.asp

Self-employment and work experience gained while you were a full-time student (for example, on a co-op work term) does not count under this program.

 

[aneeshsingh]

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