Onsite for 2 years with a break in contract how long before I can return to client?

[Carolyn]

I was previously on a client site for 2 yrs. I would now like to return to the client, but at another site 14 miles away. This is with a different area of the business and a different role.
How does this work with expenses and IR35
What is the minimum time I have to be away from the contact as it as already been 4 months.
Someone advised it has to be 14 someone else 2 months.

...confused hoping someone can advsie please.

Thanks
Carolyn

[cojak]

It depends on the client...

...since it's their rule.

The only 'official' rule is the 24 month rule, but that's for expenses (take a look at that post for details).


They have misunderstood HMRC's guidelines, so this is made-up.

I would try asking them if I were you.

Ah - I see now. The client isn't stopping you. There isn't a rule under IR35, just expenses...

[malvolio]

It's 24 months from today in either direction, so it's a rolling window, not an absolute. That said, the other test is "substantially different journey" . 14 miles in a differnt direction would work. You should be fine wrt mileage.

IR35 doesn't come anywhere close to being relevant. Why do you think it does?

[northernladuk]

It's 24 months from today in either direction, so it's a rolling window, not an absolute. That said, the other test is "substantially different journey" . 14 miles in a differnt direction would work. You should be fine wrt mileage.

IR35 doesn't come anywhere close to being relevant. Why do you think it does?

Unfortunately the OP didn't specify which direction so we need to know more. Is it 14 miles from you original place of work to the new place. Is this 14 miles make it nearer home?

You need to be specific here because it could make a big difference. 14 miles in the other direction = 28 miles. 14 miles as the crow flies but same distance for you to travel would make it a very grey area.

[SueEllen]

Carolyn you really need to specify what you mean by 14 miles giving an example of towns to get a proper answer.

The thread cojak has linked to if you read the entire thread will give you an idea of whether you are allowed to or not.

[BolshieBastard]

I was previously on a client site for 2 yrs. I would now like to return to the client, but at another site 14 miles away. This is with a different area of the business and a different role.
How does this work with expenses and IR35
What is the minimum time I have to be away from the contact as it as already been 4 months.
Someone advised it has to be 14 someone else 2 months.

...confused hoping someone can advsie please.

Thanks
Carolyn

You can return to a previous client any time you wish. Could be one day, 3 weeks, 10 months etc.

The only issues regarding returning to a previous client is what it may say in the contract IF you are going through a different agent as in your case.

Even then, what the 'old' agent doesnt know wont hurt them. Im up for a job back at my previous client but through a different agent. I wont tell the old agent about it.

As far as the 24 month rule goes, a break of about 3 to 4 months is sufficient to restart travel expense IF your new job is in the same geographical area.

If its a different area, you can start travel expenses straight away even if it is with the same client.