Reply to: When does the 24 month rule reset if with the same client? Or does it not?

[MyUserName]

I'm going back to a client with whom I finished in November 2012. I was there for 24 months.

Do you think I have a clean slate wrt to the 2 year rule and this client?

Even if I do HMRC might not. If you think it is fine go for it and be prepared to argue if HMRC kick up a fuss (although I doubt they would tbh).

[riffpie]

I'm going back to a client with whom I finished in November 2012. I was there for 24 months.

Do you think I have a clean slate wrt to the 2 year rule and this client?

Most probably.

[captainham]

I'm going back to a client with whom I finished in November 2012. I was there for 24 months.

Do you think I have a clean slate wrt to the 2 year rule and this client?

Have you searched?

http://forums.contractoruk.com/accou...-nutshell.html

[Freaki Li Cuatre]

I'm going back to a client with whom I finished in November 2012. I was there for 24 months.

Do you think I have a clean slate wrt to the 2 year rule and this client?

[Bunk]

3 months definitely isn't enough to reset the 24 month rule. That's one of the examples HMRC give, here.

The stuff about spending 40% of your working time at the workplace is here.

[DaveB]

And remember, it;s not the point at which you have been there for over tow years that you stop claiming, it is the point at which you *know* you will be there for more than two years, which could be 6 months or more earlier...

[malvolio]

You seem to be calculating percentages at the new site rather than the original site.

Well, yes, that's where the contract is...

Tell you what, you do it your way and I'll do it mine. I haven't blown the 24 month limit in the last 15 years, so I must be doing something right.

[scope]

Where as all this advice on your two questions is correct your questions show a total lack of understanding of the rule. It would help you in the long run to check the link to the right and Google to understand it further to help with questions you will have in the future.

I dont feel i have a lack of understanding, I know exactly what the rule does, which is for one why on my last extension asked for it to end the day before my 2 years with the company was up - rather than running over. From reading the answer though it sounds to me like it CAN start claiming again after a while, as they look at a ROLLING 24 months.

I dont know why they cant hire staff that can write consise laws, something that isnt up for interpretation. This is what you CAN and CANT do, not leave it up to the individual to draw their own conclutions/understandings.

[cojak]

I rotate my contracts between London, Bristol, Manchester and Birmingham to avoid this. Fortunately my skill-set doesn't limit me to The City (something those people wanting to work in IBs would do well to remember).

[escapeUK]

Yeah, right, I know nothing.

Let's assume the 40% is the trigger (it isn't, but what the hell...)

After 3 months, you're only looking at 21 months of the original 24. Which is 14% (3/21*100).

After 6 months, it's 18. Which is 33% (6/18*100).

After 7 months it's 41%...

You seem to be calculating percentages at the new site rather than the original site. So really you are saying 86%, 67%, 59%. So even after 7 months you would not have worked enough time at the new site to be able to go back to the old one and claim mileage. Dont know why you said it backwards way around.

So looks like you have to spend 15 months at a new site before being able to claim at the old one.

[centurian]

A single 3 monther at another geographical location is enough of a break.

That's the bull tulip. The guidelines show it's a rolling window and 6 months just isn't enough if you have worked in an area for 21 months.

Edit: Come to think of it Mal, where do HMRC actually say that it is a rolling window

[malvolio]

There is nothing in the link that counters what I said. Working on the assumption that you have been in effectively the same location for 24 months solid. After this time you need to get the total content of time spent at the location below 40% for a sliding 24 month window this means 'aging' out the work done inside the original 24 months, until its below 40% of the total sliding window.

Yeah, right, I know nothing.

Let's assume the 40% is the trigger (it isn't, but what the hell...)

After 3 months, you're only looking at 21 months of the original 24. Which is 14% (3/21*100).

After 6 months, it's 18. Which is 33% (6/18*100).

After 7 months it's 41%...

[Acme Thunderer]

Except it doesn't work like that. It's a rolling window, looking both ways, in the same area using substantially the same journey. And you don't have to be under 40%, just not spend a continuous 24 months from wherever you are at the moment. Go read the link I posted earlier.

There is nothing in the link that counters what I said. Working on the assumption that you have been in effectively the same location for 24 months solid. After this time you need to get the total content of time spent at the location below 40% for a sliding 24 month window this means 'aging' out the work done inside the original 24 months, until its below 40% of the total sliding window.

[malvolio]

By my maths it would have to nearly 15 months away... Remember you need to get below 40% of the past 2 years. Or in other words work 60% of the time elsewhere, 60% of 24 months = 14.4 months.

Except it doesn't work like that. It's a rolling window, looking both ways, in the same area using substantially the same journey. And you don't have to be under 40%, just not spend a continuous 24 months from wherever you are at the moment. Go read the link I posted earlier.

[Acme Thunderer]

9 to 12 months? Bulltulip.

A single 3 monther at another geographical location is enough of a break. If you want more comfort, 6 months.

By my maths it would have to nearly 15 months away... Remember you need to get below 40% of the past 2 years. Or in other words work 60% of the time elsewhere, 60% of 24 months = 14.4 months.