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Is there a limit to how long you can spend with a single Client , does it affect IR35

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    #21
    Originally posted by BlasterBates View Post
    If you are new at a client because you have no knowledge of the system you will do purely development, as time goes by and more and more features go live which you developed the more you will inevitably be involved in running and maintaining the system. At the beginning you can fairly easily declare yourself outside IR35 as you are only developing a specific piece of software, after 2 years probably the PM will asking you several times a day to look at problems and put in small changes for the bits you developed.

    That is why a lot of contractors slip inside IR35 as time goes by. .
    This.. So looking at the OP situation. If he doesn't know what D&C is and how schedules or work must be executed then it's fair to say the answer to him is YES length of time will effect IR35 because there is no way he knows enough to avoid it.
    'CUK forum personality of 2011 - Winner - Yes really!!!!

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      #22
      I can't remember the case. But it is worth the OP familiarising him/her self with the case a few years ago where the contractor started out outside of IR35 and was then declared inside for the remainder of the contract by the judge.

      Was it the Dragonfly case?
      Public Service Posting by the BBC - Bloggs Bulls**t Corp.
      Officially CUK certified - Thick as f**k.

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        #23
        Originally posted by Fred Bloggs View Post
        I can't remember the case. But it is worth the OP familiarising him/her self with the case a few years ago where the contractor started out outside of IR35 and was then declared inside for the remainder of the contract by the judge.

        Was it the Dragonfly case?
        http://www.contractorumbrella.com/ir..._tax_bill.html

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          #24
          Thanks, that's the one, not Dragonfly, obviously. The OP needs to read that, IMO.
          Public Service Posting by the BBC - Bloggs Bulls**t Corp.
          Officially CUK certified - Thick as f**k.

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            #25
            Originally posted by Fred Bloggs View Post
            Thanks, that's the one, not Dragonfly, obviously. The OP needs to read that, IMO.
            out of curiosity does it not mean that most (IT) contractors are inside IR35?. After all most will join for a specific project or piece of work and then get into a habit of routine renewals till client decide its over

            This almost implies that length of time with a client can be issue as well

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              #26
              Originally posted by css_jay99 View Post
              out of curiosity does it not mean that most (IT) contractors are inside IR35?
              No. If it did, then HMRC would have a much higher success rate of fighting IR35 cases.

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                #27
                Originally posted by css_jay99 View Post
                out of curiosity does it not mean that most (IT) contractors are inside IR35?. After all most will join for a specific project or piece of work and then get into a habit of routine renewals till client decide its over

                This almost implies that length of time with a client can be issue as well
                No, the reason the status changed over time in Dragonfly is because it became less project-specific over time and effectively just became a rolling employment contract. Not good and an example of how staying longer and longer at a client can increase the risk of you becoming part and parcel of an organisation. The length in and of itself does not affect your status though.

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