40%/24 month rule - hours or days 40%/24 month rule - hours or days
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  1. #1

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    Default 40%/24 month rule - hours or days

    If I travel to my client's office 2 days a week but only spend about 12 hours there out of say 40 hours that I normally work, would that trigger the the 40% / 24 month rule, if the contract is to be extended to go over 24 months?

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    It's "Working Time", so that's hours.

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    Won't two out of five days including the odd week where its a Bank hol or personal holiday puts you under anyway so irrelevant what hours you do?
    Last edited by northernladuk; 21st October 2020 at 12:35.
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    Quote Originally Posted by northernladuk View Post
    Surely two out of five days (and hols, Bank hols) puts you well under anyway so irrelevant what hours you do?

    It might depend on when they started only travelling 2 days a week to site.
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    Quote Originally Posted by WTFH View Post
    It might depend on when they started only travelling 2 days a week to site.
    Good point. And where he was travelling too before if that's valid.
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    Quote Originally Posted by northernladuk View Post
    Won't two out of five days including the odd week where its a Bank hol or personal holiday puts you under anyway so irrelevant what hours you do?
    Not if you don't go in 2 days in the bank holiday weeks. Same with time not available (aka holiday). It's easily done with a flexible client.

    My current client doesn't care where I work from, but feel I can provide more value by being in the office for a couple of days a week (I know ).
    At the same time, I don't want to lose my right to claim expenses. My next renewal (in 5 months - outside IR35) will take me over 24 months so just thinking things through.

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    Quote Originally Posted by zonkkk View Post
    My current client doesn't care where I work from, but feel I can provide more value by being in the office for a couple of days a week (I know ).
    Nothing wrong with thst. I'd do that if my client would allow me on site.
    At the same time, I don't want to lose my right to claim expenses. My next renewal (in 5 months - outside IR35) will take me over 24 months so just thinking things through.
    Ah.. So it's rolling over the period. So if you've been 5 days a week for the last 19 months then 2 days isn't enough.
    WTFH alluded to this.
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    Quote Originally Posted by northernladuk View Post
    Nothing wrong with thst. I'd do that if my client would allow me on site.

    Ah.. So it's rolling over the period. So if you've been 5 days a week for the last 19 months then 2 days isn't enough.
    WTFH alluded to this.
    Before lockdown I only used to go into this office once a week (nearly every week). Then 4 months fully from home.
    I've started to go in 1 or 2 days a week now since September. Just trying to make sure I won't go over the 40%.
    I am usually in the office for around 6 hours on those days, and do a couple more hours from home if I feel like it.

    If it's days they are looking at it would be hard to say 6 hours is half day. But I can just be in for 4 hours and maybe count it as half day if they count days.
    But if it's working time (i.e. hours) looks like I can be in and get to keep expenses.
    Last edited by zonkkk; 21st October 2020 at 13:46.

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    Quote Originally Posted by zonkkk View Post
    Before lockdown I only used to go into this office once a week (nearly every week). Then 4 months fully from home.
    I've started to go in 1 or 2 days a week now since September. Just trying to make sure I won't go over the 40%.
    I am usually in the office for around 6 hours on those days, and do a couple more hours from home if I feel like it.

    If it's days they are looking at it would be hard to say 6 hours is half day. But I can just be in for 4 hours and maybe count it as half day if they count days.
    But if it's working time (i.e. hours) looks like I can be in and get to keep expenses.
    So 24 months.

    18 months 1 day a week
    4 months 0
    2 months 2 days a week

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    Quote Originally Posted by eek View Post
    So 24 months.

    18 months 1 day a week
    4 months 0
    2 months 2 days a week

    Either you are lying or you've got nothing to worry about.

    It's even better:
    4 months - 0
    5 months - 1 day week
    5 months - 0
    7 months - 2 days a week. (I'm in the second month of doing this at the moment)

    Then my renewal will be due but end date will take me over 24 months with this client.

    So I got nothing to worry about then.

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