Public sector IR35- move to fixed term contract? Advice required urgently kind people

[WordIsBond]

22 + 2 more to go = 24. Not only is he going to lose them he's going to have to pay all the ones back from his last renewal.

Well, not if the contract ends now. How can they claim he knew it would be longer than 24 months, if it actually doesn't go that long?

[northernladuk]

Well, not if the contract ends now. How can they claim he knew it would be longer than 24 months, if it actually doesn't go that long?

Doesn't matter. If there is the expectation for it to go over 24 months then that's it. It's classed as a permanent place and you are done. Doesn't matter if it's cut short.

There is an example explain exactly this situation in the guidance. 3.2.1

https://www.gov.uk/government/upload...517266/490.pdf

Example
Hassan has worked for his employer for 3 years and is sent to perform full-time duties at
a workplace for 28 months. The posting is unexpectedly ended after 18 months. No tax
relief is available for the cost of travel between his home and the workplace, because his
attendance is expected to exceed 24 months (though in fact it does not). The workplace is
therefore a permanent workplace and the journey is ordinary commuting.

[WordIsBond]

Doesn't matter. If there is the expectation for it to go over 24 months then that's it. It's classed as a permanent place and you are done. Doesn't matter if it's cut short.

Yeah, but the expectation has to be proven, doesn't it? Obviously, if his contract ran over the 24 months, that would be proof. Otherwise, I don't think there'd be much of a case.

[northernladuk]

I don't know but the word expectation is littered throught the document and is pretty clear in that example. Same for another example below. Mentions nothing about proven or adjusting at the end which would speak volumes no?

[Manwell Pablo]

I've got to say 22 months I'd be out like a flash. I've been here 9 that's worrying enough for as it is....Retro grab on 22 months especially if you've been claiming a lot of expenses could be rather painful.

[Blackbird17]

Hi All,

Thank you for all the advice WORD particularly you breakdown it helped me think things through!

Contract started in May 2015 and would have finished on the same date in 2017 just within 24 months.

Contract will now finish on the 31/03 if I accept the FTC

[Blackbird17]

Manwell- but if I move over to a FTC with a different JT and JD would a retro grab be likely?

[Manwell Pablo]

Manwell- but if I move over to a FTC with a different JT and JD would a retro grab be likely?

I've got no idea how likely retro grab is for anyone nobody does we are all guessing really based on the facts we have available to us!

But yeah, I'd say that's much lower risk move.

[northernladuk]

If you are carrying out the same role I wouldn't be thinking that a different title and description will carry any weight for obvious reasons. If you are doing the same work then polishing it with some different titles isn't that strong of a defense.

Too much of this and HMRC are going to come back around for a second pop at it.

[LondonManc]

Manwell- but if I move over to a FTC with a different JT and JD would a retro grab be likely?

Given what Lucy said yesterday on here, I don't think you're in the low-hanging fruit. That said, I wouldn't class the targets Lucy suggested that HMRC will be pursuing first are low-hanging fruit either; it smacks more of a spoiled brat lashing out at those contractors refusing to play ball.