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Job Keeper - applying as Sole Trader but made Part-Time Employee AFTER Mar 1st - Still eligible?

Newbie

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Replies 6

Hello ATO Community!

For the past three years I have worked in the health sector as a sole trader/contractor with an ABN.

Despite the sporadity of my shifts this has always been my main source of income.

At one of the clinics I went from contractor to part-time and joined the payroll on March 9th...

But due to Covid-19:

- My sole trader business has experienced a reduction greater than 80%

- I was stood down from my new part-time job for 3 weeks (Mar 30 - Apr 19) and now back at the clinic for less than half the amount of hours as there are very minimal work/patients coming through (work <10 hours a week) ... a job that I might be stood down from again as my employer cannot apply for jobkeeper for me vs other employees.

 

I was still very active in my sole trader business as of March 1st... and with my main source of income taking the biggest hit, and like everyone else, finding it difficult to make ends meet...

I feel like I have fallen through the cracks of the system...

I do not qualify as an employee on Jobkeeper as I joined the payroll on Mar 9th ... stood down and then brought back to work... 

Am I still eligible for Jobkeeper as a sole trader as that is my main source of income - I meet all the other criteria and eligibility... despite still being a part-time employee at my other job?? 

Or do I have to be stood down from my other job in order to qualify?

 

I've searched the forums to look for a situation stimilar to this ... apparently I might not be eligible... can anyone confirm?

 

 

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Most helpful response

ATO Certified Response

Former Community Support

Replies 5

Hi @deetran93 

Please work out your eligibility against the information for Sole traders with consideration to the information from our FAQ.

 

Can a sole trader receive JobKeeper payments when they are also an employee of another business?

  • No. An eligible business participant cannot be an employee (other than a casual employee) of another entity. If the sole trader is both a long term casual employee of another business and also an eligible sole trader, they can choose to either let their employer claim the JobKeeper payments on their behalf, or they can claim as a sole trader, but not both.

 

Apologies for any confusion.

Hopefully this helps.

Gus

6 REPLIES 6

Most helpful response

ATO Certified Response

Former Community Support

Replies 5

Hi @deetran93 

Please work out your eligibility against the information for Sole traders with consideration to the information from our FAQ.

 

Can a sole trader receive JobKeeper payments when they are also an employee of another business?

  • No. An eligible business participant cannot be an employee (other than a casual employee) of another entity. If the sole trader is both a long term casual employee of another business and also an eligible sole trader, they can choose to either let their employer claim the JobKeeper payments on their behalf, or they can claim as a sole trader, but not both.

 

Apologies for any confusion.

Hopefully this helps.

Gus

Newbie

Replies 4

Hi @_Gus_ ,

 

Thank you so much for you reply!!!!

I have had a look at my eligibilities and had some trouble here...

 

Sole traders will be eligible for the JobKeeper Payment if, at the time of applying, they:

...
• were actively engaged in the business;
• are not a permanent employee of any other employer;
• are not entitled to another JobKeeper Payment (either a nominated business participant of another
business or as an eligible employee);
• were aged at least 16 years of age as at 1 March 2020;...

I was hired by the clinic on March 9th...

I was a part-time employee of another business at the time of applying for JobKeeper as a sole trader (I registered interest for Jobkeeper in late March) ... would this affect that my eligibility??

In this post "JobKeeper eligibility for sole traders"  It seems am eligible..

But in these two posts "Job keeper payment"  & "Eligibility for Jobkeeper as permanent part time and sole trader " It seems I'm not eligible..

 

Would you be able to clarify?

Dee

Initiate

Replies 3

I'd appreciate some clarity here too. It seems if I claim Jobkeeper as a sole trader with 100% loss of income, I can not accept part time minimal hours of employment elsewhere that are significiantly less than my business income. Living off the Jobkeeper alone is not viable, yet I seem to be discouraged from activiely finding income beyond the scope of my business that is making 0 trade.

Community Moderator

Replies 2

Hi @deetran93 and @Katie_D

 

Thanks for reaching out to us.

 

To claim the JobKeeper Payment as a sole trader, you need to meet all the eligible business participant and eligible business entity requirements as outlined on our website.

 

One of the eligible business participant requirements is that you are not an employee (other than a casual employee) of another entity. Whether you meet this requirement will depend on your circumstances on the day you claim the JobKeeper Payment from us.

 

If you are an employee (other than a casual employee) of another entity on the day you choose to claim, you're not eligible to claim the JobKeeper Payment as a sole trader. If those circumstances change down the track, you may become eligible later.

 

If you are not an employee (other than a casual employee) of another entity on the day you choose to claim, you are eligible to apply. If you become a permanent or fixed-term employee of another employer later, that is fine.

 

Good luck with it all.

 

Thanks, ChrisR

Initiate

Replies 1


@ChrisATO wrote:

 

If you are not an employee (other than a casual employee) of another entity on the day you choose to claim, you are eligible to apply. If you become a permanent or fixed-term employee of another employer later, that is fine.

 

 


So this means I can accept new permanent employment with another employer and still claim my sole trader Jobkeeper payment or I can only claim if my new employment is on a casual basis

?

ATO Community Support

Replies 0

Hi @Katie_D

 

As mentioned if you become a permanent or fixed-term employee of another employer later, that is fine. So at the time you nominate to receive the JobKeeper payment as a Sole Trader you cannot be employed by another entity other than as a casual employee and you must satisfy all other requirements that can be found in the links posted previously..

 

Thanks, Ari