24 month rule and multiple contracts with different jobs (same client)

[Bunk]

My contract says:

Termination of Assignment: Until completion of assignment
Notice Period: 1 week

Assignment is defined as "period during which the Contractor is engages by Employment Business to render services to the Client"

I asked to have a duration written in my contract but I was told it would not help me in terms of IR35.

Will read about the 24 month rule as so far I haven't been too bothered (first time contracting)

Regards

IR35 is irrelevant if you're with an umbrella company. Sounds like you have some reading to do.

[Segush]

I am Ltd Co. not Umbrella, sorry for the confusion.

[kingcook]

This can last for 12 months, although of course I could terminate it earlier if I wish, and indeed will do if there is any risk that I am in breach of HMRC.

Assuming terminating would do any good, why would you anyway? The 24 month rule just says that you can't claim for travel and subsistence.

[Bunk]

I am Ltd Co. not Umbrella, sorry for the confusion.

My fault, I mixed up you and the OP.

[Segush]

I know, I feel guilty now as I hijacked the thread thinking I would come to a similar situation soon - should have started a new thread.

I was always told no duration of contract was always better from IR35 perspective...

Thanks

[malvolio]

I

I was always told no duration of contract was always better from IR35 perspective...

Thanks

Like we said, you need to do some more reading. Open-ended gigs are a pointer towrds IR35, not away from it...

[Segush]

Like we said, you need to do some more reading. Open-ended gigs are a pointer towrds IR35, not away from it...

Reading done, I understand now and I think you are right... My contract was reviewed by a professional body and was found to be outside IR35 though, so I am not too worried for now. However I may get a new contract soon with them just to be safe, with a duration of the assignment this time.

Thanks and regards

[centurian]

My contract was reviewed by a professional body and was found to be outside IR35 though, so I am not too worried for now. However I may get a new contract soon with them just to be safe, with a duration of the assignment this time.

Care to say who reviewed it - so I can be sure not to use their service. There are legal precedents and judgements which show that open-ended contracts are a pointer to employment, so I'm gobsmacked it wasn't flagged up.

However, if the project scope is very clearly defined in the contract, I suppose that might suffice

[cojak]

That sounds like a pain. So there is no reset even if you take a break - 4 weeks?

In my case my contract does not specify a duration, it is defined as "until the end of the assignment" or something like that. Does that make things different?

The department I work for are relocating at the end of October to a location 100 miles away from where we are at the moment, assuming I will go with them I take it the clock starts again? I would have been with them for circa 7 months by then...

Regards

Try 6 - 9 mths...

[Foxy Stoat]

Okay so going back to my OP, what's the best course of action? If I suddenly stopped claiming T&S now, wouldn't that draw more attention to myself? Would it be better to just ride it out until the end of October, seeing as I've come this far, and then stop dead on 24 months? I'm going away for almost all of October anyway, so really it's just another two months of claiming...

Also, is this by calendar month, or 24 months as in 24 FULL months i.e. 24 x 4 weeks? I ask because I often have long holidays for up to 3 weeks at a time.