2 year rule advice

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Stag Cozier replied

18 May 2010, 15:10
Originally posted by nostromo View Post

I have a question regarding the 2 year rule if any one can help.

I was working for a company for 10 years as a PAYE employee. The place of work was an office building on a site complex (not construction) with up to 20 other office buildings.
I was working away from home 5 days a week commuting about a 600 mile round trip from home to place of work, I received a lodge allowance tax free weekly and a train fare once a month.

I was made redundant in February but I have an offer of a job on a 12 month contract on the same site complex but in a different building but I have to go as a limited company,

Can I claim mileage and other expenses?

Any advice would be greatly appreciated

Thanks

If I was cautious, I would say you can't claim your travel, accommodation or lunches because it can be deemed that YOU PERSONALLY have been on the same site complex for more than 2 years. Is 2 1/2 months a sufficient gap between being made redundant and starting contracting?

Bear in mind, just because you are working in your own limited company, the 2 year rule isn't simply reset. The rules look at you as an individual.
Leave a comment:
Sally BFCA replied

18 May 2010, 14:48
Originally posted by vaughnelleray View Post

you might need some other clients to avoid IR35 etc.

V

Please don't EVER believe that having multiple clients or income streams will keep you outside of IR35. Each contract is unique and is looked at in it's own right. It is totally possible to have several clients and one contract that is still caught by the rules.

It is what is written in the contract, and the real working arrangement that will determine true IR35 status, not just one of them.
Leave a comment:
vaughnelleray replied

18 May 2010, 12:54
Hi,

Yes you should be able to claim a certain amount of your travel as expenses. As a Limited Co. you might need some other clients to avoid IR35 etc.

Is your commute 600 miles a day? That's a little crazy, can you not get anything closer or move closer to your work?

V
Leave a comment:
nostromo started a topic 2 year rule advice

15 May 2010, 10:30
2 year rule advice

I have a question regarding the 2 year rule if any one can help.

I was working for a company for 10 years as a PAYE employee. The place of work was an office building on a site complex (not construction) with up to 20 other office buildings.
I was working away from home 5 days a week commuting about a 600 mile round trip from home to place of work, I received a lodge allowance tax free weekly and a train fare once a month.

I was made redundant in February but I have an offer of a job on a 12 month contract on the same site complex but in a different building but I have to go as a limited company,

Can I claim mileage and other expenses?

Any advice would be greatly appreciated

Thanks
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