First and only assignment - Subsistence

**Wanderer** · 20 August 2012, 08:35

Originally posted by sammywammy View Post

I was asked what my "intention" was and I indeed answered that my intention was indeed to work for several different clients and this wouldn't be my first and only assignment (I'm assuming that they meant first and only client as these were 4 separate contracts). This "intention" question was indeed incredibly misleading as I could not predict ahead of time whether I would find assignments with other clients.

No, it's not misleading, the question should be taken at face value. A reasonable person could not have been certain that it would turn out the way it did so you answered the question as best you could given the information you had at the time. In hindsight, it turns out that it didn't work that way but crucially you had no way of predicting this at the time and it was not your intention for it to turn out this way so the expenses claims stand. When you eventually find out that your answer to the question was wrong, you must stop claiming immediately.

Originally posted by sammywammy View Post

Will the umbrella company now try to recoup the tax or ask HMRC to do so?

From what I've seen, NO they won't.

If you go and confess to them that your intention all along was to work for one client for > 24 months and that would be your only contract then they might do. If you go and talk to them and wring your hands about the whole thing then they might do.

Those are your options. Just shut your mouth and keep the money, nothing will ever come of it. OR go and make a big fuss about it and they will ask you to pay the money back.

**LisaContractorUmbrella** · 20 August 2012, 08:37

Originally posted by sammywammy View Post

stek, yes I'm a noob but I can spot a badly formulated question when I see one. You'll notice that I'm not disputing the facts (if you read my first post and my title).

What do you mean by "might cost u thousands"? I'm not talking about making claims in the future. Unfortunately these claims have already been made.

If you think that the question was badly formulated then I suggest you refer your complaint to HMR&C as they were the ones who came up with the wording.

HTH