Originally posted by swebb
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Reply to: Travel & Subsistence 2yr rule question
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Previously on "Travel & Subsistence 2yr rule question"
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Originally posted by swebb View PostJust one final point, if I go Ltd does the fact that I have spend the last 2yrs on the same contract work against me from an IR35 point of view ?
Cheers
Steve
The length of contract will be examined, but it is the contract as a whole that will determine your status.
A decent legal could be able to argue that you have achieved preferred supplier status. They should also be pointing out that some projects are long term commitments, assuming that you havent just been doing odd jobs here and there. Even then, there are arguments.
If you are going to get involved in this then learn what you are getting into and how to stand your corner.
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Just one final point, if I go Ltd does the fact that I have spend the last 2yrs on the same contract work against me from an IR35 point of view ?
Cheers
Steve
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Thanks for the quick responses. As I thought they got me by the short and curlys.
As for when I knew, I don't offically yet. The contract ends the day before the 2yrs is up. I'm then going on holiday and then when I get back with any luck the company will have decided if they are going to offer me another extension.
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How many Knoob Heads does it take to work it out for themselves?
As far as Hector is concerned 2 years is a reasonable length of time for you to decide to relocate.
This is based on you and the location. The employer and end client don't matter, just you and the location. You can change employer, you can change client, but as long as they are in a certain location you run out at 2 years. As Gonz said, the 2 years is limited to when you knew it was going to be more than 2 years. As soon as you knew you stopped being able to claim.
A location is a little less clearly defined but could be "The City of London" for instance. Moving next door or 100 yards or even half a mile is not necessarily a change of location. I would suggest if you take the same train or motorway to work then it is the same location.
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Originally posted by swebb View PostHi,
I've been working for a client for just under two years now via an umbrella company. As of next month I won't be able to claim the 40p a mile or subsistence. Does this still hold true if I switch from the umbrella and go Ltd ? Would the IR still see this as a carry over into 2yrs or does working there via a different legal entity change things ?
Thanks in advance for any advice.
Steve
How long ago did you know that you would be there longer than 2 years? Because that's how much BIK you are going to have to pay on the travel expenses you have already claimed.
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Originally posted by swebb View PostHi,
I've been working for a client for just under two years now via an umbrella company. As of next month I won't be able to claim the 40p a mile or subsistence. Does this still hold true if I switch from the umbrella and go Ltd ? Would the IR still see this as a carry over into 2yrs or does working there via a different legal entity change things ?
Thanks in advance for any advice.
Steve
Leave a comment:
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Travel & Subsistence 2yr rule question
Hi,
I've been working for a client for just under two years now via an umbrella company. As of next month I won't be able to claim the 40p a mile or subsistence. Does this still hold true if I switch from the umbrella and go Ltd ? Would the IR still see this as a carry over into 2yrs or does working there via a different legal entity change things ?
Thanks in advance for any advice.
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