Originally posted by northernladuk
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When you begin a 6 month contract do you know you're doing the full 6 months? Half of mine have ended before that time. Therefore, you may wish to wait until a month or so before as that's when you'll have a much firmer idea.⭐️ Gold Star Contractor -
It's when you expect to be there and a contract sets out that expectation. The HMRC examples show scenarios where the expectations didn't happen.Originally posted by PerfectStorm View PostWhen you begin a 6 month contract do you know you're doing the full 6 months? Half of mine have ended before that time. Therefore, you may wish to wait until a month or so before as that's when you'll have a much firmer idea.
EIM32080 - Employment Income Manual - HMRC internal manual - GOV.UK
Although the next sentence is very pertinent to what you've just said.The legislation is written in terms of the length of time that it is reasonable to assume, or is likely, that the employee will spend at that workplace
The example is here. The effect of the rule is not altered where the expectation does not match the outcome, see example EIM32083.
EIM32083 - Employment Income Manual - HMRC internal manual - GOV.UK
So if your 6 monther took you to say 25 months but you finished after only 3 months doing only 22 months in total you still cannot claim for the 3 months you worked. You go on the expectation which was 6 months taking you over 24...Last edited by northernladuk; 4 December 2018, 13:55.'CUK forum personality of 2011 - Winner - Yes really!!!!
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Knowing is not the same as expecting.Originally posted by PerfectStorm View PostWhen you begin a 6 month contract do you know you're doing the full 6 months? Half of mine have ended before that time. Therefore, you may wish to wait until a month or so before as that's when you'll have a much firmer idea.Comment
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not sure you can prove (or disprove) either, thoughOriginally posted by Old Greg View PostKnowing is not the same as expecting.Comment
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Prove yes but the onus would be on you and it's going to be quite a fight to do it. Realistically and for all intensive purposes two companies signing a contract comes as close as possible and would be more than adequate in most instances.Originally posted by pr1 View Postnot sure you can prove (or disprove) either, though
The guidance clearly uses terms around expectation and the contract is expectation. Arguing the difference between that and reality is likely to fall on deaf ears, particularly when there is also an article clearly showing that even if reality is different the expectation still stands.
Can't see how it could be much clearer without being based on actual events which would throw even more complication and cost in for everyone.'CUK forum personality of 2011 - Winner - Yes really!!!!
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Have you ever heard of anyone ever being "caught out"* on the expectation part of the rule? I haven't and I've looked and asked in several placesOriginally posted by northernladuk View PostProve yes but the onus would be on you and it's going to be quite a fight to do it. Realistically and for all intensive purposes two companies signing a contract comes as close as possible and would be more than adequate in most instances.
The guidance clearly uses terms around expectation and the contract is expectation. Arguing the difference between that and reality is likely to fall on deaf ears, particularly when there is also an article clearly showing that even if reality is different the expectation still stands.
Can't see how it could be much clearer without being based on actual events which would throw even more complication and cost in for everyone.
*i.e. forced to pay back tax owed for expenses borne from less than 24 months in a locationComment
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Maybe people follow the rules as they are written and there is no need to? Maybe their accountants give them good guidance and they don't do it.Originally posted by pr1 View PostHave you ever heard of anyone ever being "caught out"* on the expectation part of the rule? I haven't and I've looked and asked in several places
*i.e. forced to pay back tax owed for expenses borne from less than 24 months in a location
You are looking for how many people do it vs those that get caught and you've no info on either.'CUK forum personality of 2011 - Winner - Yes really!!!!
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Prove to a standard based on the balance of probabilities? Of course you can.Originally posted by pr1 View Postnot sure you can prove (or disprove) either, thoughComment
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You know, for a guy who corrects people on 'advice' and 'advise', you might consider learning to type 'intents and purposes'.Originally posted by northernladuk View PostRealistically and for all intensive purposes
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If I live in north Manchester and would drive 32 miles west Liverpool or 32 miles east to Leeds, would you say they're the same location?Originally posted by PerfectStorm View PostIf the method and cost stayed the same (i.e. you were driving there and using the same amount more or less of petrol) I'd say that's the same location.
If you drove to one and got the train to another or something you could perhaps argue it.The greatest trick the devil ever pulled was convincing the world that he didn't existComment
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