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    #21
    Originally posted by northernladuk View Post
    Remember you have to stop claiming when you know you are going to exceed 24 months I,e the last renewal that will take you over 24. Not AT 24 months.
    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

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      #22
      Originally posted by PerfectStorm View Post
      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.
      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.

      EIM32080 - Employment Income Manual - HMRC internal manual - GOV.UK

      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
      Although the next sentence is very pertinent to what you've just said.

      . The effect of the rule is not altered where the expectation does not match the outcome, see example EIM32083.
      The example is here
      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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        #23
        Originally posted by PerfectStorm View Post
        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.
        Knowing is not the same as expecting.

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          #24
          Originally posted by Old Greg View Post
          Knowing is not the same as expecting.
          not sure you can prove (or disprove) either, though

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            #25
            Originally posted by pr1 View Post
            not sure you can prove (or disprove) either, though
            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.

            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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              #26
              Originally posted by northernladuk View Post
              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.

              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.
              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 places

              *i.e. forced to pay back tax owed for expenses borne from less than 24 months in a location

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                #27
                Originally posted by pr1 View Post
                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 places

                *i.e. forced to pay back tax owed for expenses borne from less than 24 months in a location
                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.

                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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                  #28
                  Originally posted by pr1 View Post
                  not sure you can prove (or disprove) either, though
                  Prove to a standard based on the balance of probabilities? Of course you can.

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                    #29
                    Originally posted by northernladuk View Post
                    Realistically and for all intensive purposes
                    You know, for a guy who corrects people on 'advice' and 'advise', you might consider learning to type 'intents and purposes'.

                    Comment


                      #30
                      Originally posted by PerfectStorm View Post
                      If 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.
                      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?
                      The greatest trick the devil ever pulled was convincing the world that he didn't exist

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