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Dancing For The Tax Man

This article is in direct response to recent questions and concerns raised on the "My Pole" Forums with regards to whether or not dancers should be registered as self-employed, and what this means for the dancer and the Inland Revenue.

There have been a lot of stories floating around of late about clubs being raided, and dancers being fined and investigated, as they have not been declaring any of their earnings from the clubs. I have also heard a lot of rumours recently as well, that the Revenue are going to target the "Adult Industry", as they have realised there is a vast amount of cash generated within the various parts of the industry, dancing just being one. I cannot say for certain whether this will happen, although I do know historically the Revenue have always targeted sectors where there is a high level of cash changing hands. A good example of this is hairdressing.

More and more clubs are now getting their dancers to sign dancer profiles stating that the dancers are responsible for their own taxes and National Insurance contributions. If a club is investigated, and they hold these declarations, they are not held liable for any of the taxes applicable to the earnings of their dancers. Even when a dancer is only working at one club, and therefore should technically be employed, once this profile is signed the club can argue the dancer is dancing at other venues and so employment is not applicable. The Revenue will then enquire into the dancer's affairs, and if she is not registered as self-employed then the trouble starts.

The penalties for tax evasion can be quite severe, especially if you are claiming any form of State benefit as well. Indeed, benefit fraud is currently looked at more severely than tax evasion. With the introduction of the Proceeds of Crime Act (POCA 2002) and the Money Laundering Regulations of 2003, a dim view is taken of any illegal earnings. More often than not as well as recovering any assessed tax due, there is the likelihood of a criminal prosecution.

Registering for self-employment is easy and straightforward. There are a lot of people who view anything to do with the taxman as bad, and something to be avoided at all costs. This is an understandable view when you take into account the Revenue has a "guilty until proven innocent" mandate. However, with the correct advice and a little effort, it is something that in the long run will actually benefit you.

To register for self-employment you only need to complete one form. It's called a CWF-1 and is available from the Contributions Agency in Newcastle. Once it is completed you will be notified of your self-employed status, and given a tax reference. The form asks for information such as name and address, date of birth, National Insurance number and when you started trading. This is the date from which you should keep all your receipts for any purchase you make that is business related. You will then start paying Class II National Insurance contributions. This is a flat rate payment of £2 per week, which you can either pay quarterly, or monthly by direct debit. Not a great deal of money really.

You are by law then required to complete a tax return form once a year. The tax year ends on 5th April every year and soon after this date you will receive your first return to complete. Don't panic though! You have until the 31st January the following year to submit it. However, it is always better to complete it in plenty of time so as not to have it hanging over you. This you can either do yourself, or get an Accountant to do for you. If you do it yourself there is a possibility you may not claim for all the expenses you are entitled to, and no one likes to pay more tax than they have to! For example, did you know you could claim an allowance for the cleaning and laundry of your work clothes? Also if you are dancing at venues as well as clubs, any props, wigs and other materials, as well as costumes and make up are all allowable business expenses.

You do not pay tax on the money you earn. You pay tax on the profits of the business. This is your earnings less all your allowable expenses. You can also claim an allowance for your car and computer, if you have them. Car insurance, car tax, telephone bills are all allowable. However the Revenue will expect to see an "add back" for private use. This is the proportion of non-business use on the phone and car.

Typically a dancer with a "declared" earnings of £20,000 per year can expect to pay tax of around £2,300, assuming they have an average level of expenses to offset against their earnings. For those dancers who earn less, obviously the tax will be less, for those who earn more, the same rule applies.

Once you have a "history" life does get easier. Loans and mortgages are easier to obtain if you are legitimate. Gone are the days of buying many things for cash now. Unfortunately with the scope of POCA 2002 being expanded in May 2004, by law now any large cash purchase, whether it be a car, house, or even an item of jewellery, has the potential of being reported by the estate agent, car dealer or jeweller. Although the car dealer and jeweller in reality are unlikely to do this, I do know of estate agents that have called in cases where they have been offered cash for a property. Be warned!

I know of many cases where dancers have earned good money in the years they have been dancing, but have had to spend it all, as they have never declared any of it. The result? They come out of it with nothing. I don't dispute that there will always be an element of cash and the "black economy", but even if you are not declaring all your income (it's up to you) it is always better to be semi-legitimate than illegitimate!

Can you be employed and dance part time? Yes, you can, but again, if you are caught not declaring any of your dancing earnings the penalties could be harsh. Is it worth the risk?

In my experience it has always been a weight off people's minds when they feel they have some form of legitimacy, and someone who is in their corner giving them sound advice. There are more benefits to being registered as self employed than there are not. It is not as difficult or as expensive as people tend to think, and it can also open a lot more doors for you in the future.

If you have any questions about the issues raised in this article please feel free to email chris@mbmuk.com.
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