Set up as self-employed
Official registration and tax guidance.
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Most people must register with HMRC if they become self-employed and earn more than the Trading Allowance.
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Rights, Responsibilities, HMRC Requirements, Tax Rules and Legal Protections Purpose: This guide provides neutral information based on UK law, HMRC guidance, and official government sources. It explains how self-employment works, what legal obligations exist, and what rights and protections individuals have when dealing with HMRC and government departments.
Contents
- Becoming Self-Employed
- Registering With HMRC
- Sole Traders
- Business Expenses
- Keeping Records
- Self-Employment Tax
- National Insurance for the Self-Employed
- Self-Employment and Universal Credit
- Side Hustles and Tax
- Closing a Business
- Rights When Dealing With HMRC
- Data Protection and Privacy Rights
- Independent Help and Advice
1. Becoming Self-Employed
You are generally considered self-employed if:
- You work for yourself rather than an employer.
- You are responsible for finding work or customers.
- You can decide how and when work is completed.
- You bear business risks and keep business profits.
Self-employment can include:
- Freelancing
- Contracting
- Consultancy
- Trades and services
- Online selling
- Creative work
- Delivery driving
- Gig economy work (depending on employment status)
Official guidance:
2. Registering With HMRC
Most people must register with HMRC if they become self-employed and earn more than the Trading Allowance.
Registration is normally done through Self Assessment.
You usually need:
- National Insurance number
- Personal details
- Business information
Official guidance:
3. Sole Traders
A sole trader is the simplest business structure in the UK.
As a sole trader:
You Keep:
- Business profits
- Control over decisions
You Are Responsible For:
- Tax obligations
- National Insurance
- Business debts
A sole trader and the business are legally the same person.
Official guidance:
4. Business Expenses
You may deduct allowable business expenses when calculating taxable profits.
Examples can include:
Office Costs
- Phone bills
- Internet
- Software
Travel Costs
- Fuel
- Parking
- Public transport
Professional Costs
- Insurance
- Accountancy fees
- Professional memberships
Equipment
- Tools
- Computers
- Machinery
Expenses must normally be wholly and exclusively for business purposes.
Official guidance:
5. Keeping Records
HMRC requires self-employed individuals to maintain accurate records.
Records may include:
- Invoices
- Receipts
- Bank statements
- Mileage logs
- Business income records
Keeping proper records helps:
- Complete tax returns accurately
- Support expense claims
- Resolve disputes with HMRC
Official guidance:
6. Self-Employment Tax
Self-employed individuals generally pay tax through Self Assessment.
The process usually involves:
- Recording income and expenses.
- Calculating profit.
- Submitting a tax return.
- Paying tax due.
Income Tax is usually based on taxable profit, not total income.
Official guidance:
7. National Insurance for Self-Employed
Self-employed people may need to pay National Insurance contributions depending on profits and current thresholds.
National Insurance contributes towards:
- State Pension entitlement
- Certain state benefits
Rules and thresholds can change, so check current guidance.
Official information:
8. Self-Employment and Universal Credit
People can be both:
- Self-employed
- Claiming Universal Credit
The Department for Work and Pensions (DWP) may assess:
- Business income
- Expenses
- Gainful self-employment status
Special rules may apply, including:
- Start-up periods
- Minimum Income Floor provisions
Official guidance:
Independent guidance:
9. Side Hustles and Tax
A side hustle may include:
- Online selling
- Freelance work
- Content creation
- Consulting
- Delivery driving
- Renting assets
Income may still be taxable even if it is:
- Part-time
- Occasional
- Secondary to employment
Many people can benefit from the Trading Allowance.
Official guidance:
10. Closing a Business
If you stop trading as a sole trader, you should normally:
- Inform HMRC
- Submit any final tax return
- Keep records for required periods
- Pay outstanding liabilities
Official guidance:
11. Rights When Dealing With HMRC
HMRC has legal powers established by Parliament, but taxpayers also have legal protections.
You have rights to:
Fair Treatment
HMRC should treat taxpayers fairly and professionally.
Clear Explanations
You can request explanations for decisions affecting you.
Reviews and Appeals
You can challenge decisions and request reviews.
Privacy Protection
HMRC must follow data protection laws.
Representation
You may appoint an accountant, adviser, or authorised representative.
Official guidance:
12. Data Protection and Privacy Rights
HMRC and government departments must comply with:
- UK GDPR
- Data Protection Act 2018
You may:
- Request copies of personal information held about you.
- Request corrections to inaccurate data.
- Complain about misuse of personal information.
Official resources:
- Data Protection Act 2018
- Information Commissioner's Office (ICO)
- HMRC Subject Access Requests
If You Disagree With HMRC
Possible routes include:
Step 1 – Contact HMRC
Ask for clarification or correction.
Step 2 – Internal Review
Request an HMRC review.
Step 3 – Appeal
Appeal to an independent tax tribunal where applicable.
Official guidance:
- Tax Appeals Process
- HM Courts & Tribunals Service
Independent Support Organisations
Government Information
Tax Support
General Advice
Data Rights
Key Legal Principles
Under UK law, self-employed individuals have obligations to register, maintain records, and pay tax where required. At the same time, they have rights to fair treatment, privacy, accurate information, review of decisions, independent appeals, and protection under data protection and administrative law. HMRC must operate within powers granted by Parliament and follow the standards set out in the HMRC Charter and wider UK legislation.
Always verify current thresholds, rates, and eligibility rules through official government guidance, as tax law and benefit regulations can change.