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Multiple Client Contracts

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    Multiple Client Contracts

    I know length doesn't really have much to do with IR35 but anyone else think I'm painting a big target on my back here?

    June 09 - Dec 09 - Client A
    Feb 10 - Dec 10 - Client A
    Jan 11 - Aug 11 - Client A
    Sept 11 - Aug 12 - Client B (Competitor of Client A)
    Aug 12 - Who knows - Possible back to client A.

    All distinct projects and I've never had a role that a perm equivalent did. I'm just wondering if I'm making it too easy for HMRC to argue I'm an employee here due to spending a lot of time at one Client.

    #2
    I hope not - I've worked at current client 4 times over a period of 10years -

    Comment


      #3
      And although I'm with the same corporate client, I'm contracted to a different division doing something completely different - a scenario pretty damned impossible for a permie to do.

      But I've been there less than 2 years and don't expect to be there for a 3rd.
      "I can put any old tat in my sig, put quotes around it and attribute to someone of whom I've heard, to make it sound true."
      - Voltaire/Benjamin Franklin/Anne Frank...

      Comment


        #4
        Length of service isn't itself a case to argue you are an employee, but being with only one client means there is only one case to consider so less effort for HMRC to bring a case against you.

        It's not something they would normally know about until they start an enquiry anyway - except that the mass of IR35 letters currently being sent out ask for copies of all contracts, with zero effort on HMRC's part.

        Will be interesting to see if a pattern can be determined to see how they are selecting targets. My thoughts are that it will be a random fishing exercise, despite all the hoo har about being able to profile more accurately these days.

        Ergo you might rate higher in their "risk assessment", truth is no-one knows.

        Comment


          #5
          I don't see any target whatsoever. Some businesses partner for decades and seen contractors working on systems through out the the lifecycle. I think we all know the older fella that has been contracting at the client for 8 years and is the only one that knows anything about a legacy system still running?

          What I would do is just be very careful my house is in order and that the client is so used to me he sees me as a hidden permie now and expects me to take the next gig. That won't look good if you get investigated. It's maybe client mentality you want to be aware of you. He can't forget you are a contractor and slip in to bad habits. What you do about it I don't know but I do believe although long contracts themselves are an IR35 problem I think attitudes change in that time, both yours and the clients.
          'CUK forum personality of 2011 - Winner - Yes really!!!!

          Comment


            #6
            I've been at my current end client for nearly 7 years now:

            18 months via Agency A
            Break of 8 weeks
            4 1/2 years via Consultancy B
            8 months via Agency C (plus just been extended til the end of the year)

            My main pointers for being outside are:

            - Each year I've had at least a 3 week enforced contractor stand down period over Christmas and New Year
            - They don't keep track of my absences - I just let them know when I plan to take holidays
            - I've done a couple of seperate fixed price bits of work for another client during the contracts
            - Other minor stuff, like being listed as a Contractor on internal directory, says "Contractor" on my Id badge, etc

            I really need to start documenting this stuff - time to put together a folder over the weekend I think.

            Comment


              #7
              I know a lot of people think they arent caught by IR35 but I think the landscape has changed with IR35 version 2.

              I also think HMRC are devious bastards so all these things like forced time off and short breaks when working at the same client for a long time are things people should imho, avoid.

              I know a couple of contractors, one who has worked at the same client for nearly 15 years (talk about disguised employee) but he thinks he is 'alright' and another who has worked at the same client for nearly 8 years with a couple of short breaks who also thinks he is 'alright.'

              Personally, I wouldnt want to be in their shoes right now because if HMRC come calling.........

              Myself, I've had one stint at the same client over 3 years. I wont do this again if the chance did appear.
              I couldn't give two fornicators! Yes, really!

              Comment


                #8
                Originally posted by BolshieBastard View Post
                I think the landscape has changed with IR35 version 2.
                IR35 version 2?

                Comment


                  #9
                  Originally posted by Mr.Whippy View Post
                  IR35 version 2?
                  The new questions format that is being banded about at the moment looking at if we are a true business.
                  'CUK forum personality of 2011 - Winner - Yes really!!!!

                  Comment


                    #10
                    Originally posted by northernladuk View Post
                    The new questions format that is being banded about at the moment looking at if we are a true business.
                    IR35 is the same as it always was, as the legislation itself has not changed in any way due to the "Business Entity Test".

                    Comment

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