Return to previous 'perm' company

[ckms]

Quick question : Been approached re a contract not dissimilar to a role I held at a previous company where I spent 5 years perm. Been contracting ever since but only left 18 months ago. Could I legally return as a consultant and where might I stand from an IR35 perspective? Thanks

[mudskipper]

Quick question : Been approached re a contract not dissimilar to a role I held at a previous company where I spent 5 years perm. Been contracting ever since but only left 18 months ago. Could I legally return as a consultant and where might I stand from an IR35 perspective? Thanks

Yes, you can legally return. IR35 is a tricky one - is the role a project based role, different to what you were doing as a perm? Will they treat you as they did when you were perm or will they recognise the different relationship? It's the same criteria - but you need to be very clear about why you're now different to when you were perm. Definitely get a professional contract review and opinion.

[ckms]

Thanks. Not been offered yet but didn't want to go in there if might be a problem. Similar role but 3 months only in a different team. Looks like someone's left and they need a 'consultant ' to come in and cover.

[northernladuk]

Don't want to be rude but have your tried to understand your situation and read up on IR35 so that you might be able to answer your own question? Why on earth would you think you can't legally go work for an extra employer? It's against the the law?
We've also go 100's of threads on here about going back to ex employers you could have researched.

[ckms]

If you don't want to be rude why are you being rude?

[BrilloPad]

Quick question : Been approached re a contract not dissimilar to a role I held at a previous company where I spent 5 years perm. Been contracting ever since but only left 18 months ago. Could I legally return as a consultant and where might I stand from an IR35 perspective? Thanks

NL is pointing out that you could have indicated you has done some initial research.

You can certainly legally return.

Are you planning to use an agency or go direct? Going direct I suspect that HMRC will never know!

Either way - get IR35 cover.

[ckms]

Thank you. I have IR35 cover and it is through an agency. Of course I know it is not against the law to return but I was referring to tax law. I have spent a huge amount of time researching contract law in the past 18 months but I have to admit I never thought I would return to the company in question so hadn't studied this part in general. Thanks again

[northernladuk]

If you don't want to be rude why are you being rude?

Dunno, I blame my parents...

Anyway, if you've been away for a decent period and it's in a different area of the business then just treat it is a new client but I'd personally pay a bit more attention to your IR35 protection. Get the contract checked by the professionals, take care to prove your working conditions meet the contract, don't get complacent and pretend you are back etc. Keep a professional head on and you should be ok.

If it's not been that long and it is in the same area you might want to just be a bit more careful about your IR35 position but it's not impossible to make work.

[LondonManc]

Make sure it's a deliverable-based contract, not a time-based one.

We missed you, come back and do your old job again please -