IR35/2 years in Same Contract

[scon_ead]

Hi,

Does anybody know, what is the rule (if any) regarding a contractor remaining at the same end-client for 2yrs+.

My understanding, based on nothing but general rumours etc is that you cannot remain with the same employer for longer than 2 years or you are at risk of breaching IR35 regulations etc.

Does anybody have any information they could provide me with etc?

Many Thanks

[Cowboy Bob]

As soon as you know you will be there for 2 years (note that means that if you have a contract for 12 months then the minute you put pen to paper on a 12 month extension you will hit the 2 year rule), you can no longer claim expenses. It has nothing to do with IR35.

[Pondlife]

The 2 years relates to the claiming of expenses for travel/accom/subsistence to a temporary workplace. The point at which you know you will be somewhere for +24 months it ceases to be temporary.

It has nothing to do with IR35.

Also, the client is not your 'employer'

HTH

Edit: Damn your lightning fingers CB

[scon_ead]

Thanks

Cheers for the prompt response...

I'm clear on the end client/employer - just a bad choice of wording!

Thanks again

Scon

[Denny]

It has nothing to do with IR35.

Also, the client is not your 'employer'

Try telling Gordo's henchmen that!

I know Ansell has stated that length of contract is not indicative of IR35 status, but not every Ir35 reviewer agrees. The general concensus is that being in business on your own account is normally associated with short term assignments with work clearly stated upfront that can be realistically assessed for length of completion. Having an ongoing assignment with the same client is defo' not a good sign that you're outside. Some permie jobs don't last that long!

A series of short term contracts is better than 1 long one.

[Cowboy Bob]

Some permie jobs don't last that long!

I've already outlasted a number of permies at my current gig and I haven't hit 12 months yet...