Hi all,
Have asked my accountant about this and the client, but am not sure if I'm getting the right advice.
Please see below the timelines of my contracts for the past 2 years for context (Note: my client is ClientX (private ltd) and SubClientY (government dept) are a client of ClientX):
17 months: Role1 at ClientX (Role2 secured during this time)
2 weeks: Out of contract
12 months (until contract end date): Role1 at ClientX (new contract and new rate - same location, with occasional travel to SubClientY)
During the first contract, once I was aware that my new contract would take me beyond 24 months at the same client, I stopped claiming travel expenses and subsistence. Now I only claim for travel subsistence when there is business related travel that is more than my cost to travel to ClientX's site. This was as advised by my accountant.
As I have now completed more than 2 years at ClientX over 2 contracts, I just wanted to check that I am not caught under IR35. ClientX has also confirmed that both contracts are not IR35. However, the 2 years just concerns me. Am I caught within IR35 due to the length of time with the same client (regardless of the gap and of a new contract with a different role)?
Accountant is happy that as long as the client has said the contract (referring to both) is not caught by IR35, then I am fine; but they did caveat it with that it would be a good idea to get insurance if HMRC investigate. Accountant also said that length of time can be seen as being under IR35.
Thanks in advance
Have asked my accountant about this and the client, but am not sure if I'm getting the right advice.
Please see below the timelines of my contracts for the past 2 years for context (Note: my client is ClientX (private ltd) and SubClientY (government dept) are a client of ClientX):
17 months: Role1 at ClientX (Role2 secured during this time)
2 weeks: Out of contract
12 months (until contract end date): Role1 at ClientX (new contract and new rate - same location, with occasional travel to SubClientY)
During the first contract, once I was aware that my new contract would take me beyond 24 months at the same client, I stopped claiming travel expenses and subsistence. Now I only claim for travel subsistence when there is business related travel that is more than my cost to travel to ClientX's site. This was as advised by my accountant.
As I have now completed more than 2 years at ClientX over 2 contracts, I just wanted to check that I am not caught under IR35. ClientX has also confirmed that both contracts are not IR35. However, the 2 years just concerns me. Am I caught within IR35 due to the length of time with the same client (regardless of the gap and of a new contract with a different role)?
Accountant is happy that as long as the client has said the contract (referring to both) is not caught by IR35, then I am fine; but they did caveat it with that it would be a good idea to get insurance if HMRC investigate. Accountant also said that length of time can be seen as being under IR35.
Thanks in advance
Comment