Other contractors putting me at risk?

[gingerjedi]

I am working on a site with several other contractors, I have done my best to comply with HMRC rules and do everything possible to make sure I am outside of IR35 etc, my problem is I know of a few contractors doing the same role as me who just seem to ignore the advice and continue to claim travel expenses despite having an extension that takes them beyond 24 months.

I now claim no expenses at all apart from PCG membership and my PI & PL insurance as I will go over 24 months on the same site, if one of the others gets investigated and loses a battle with HMRC because of their ignorance/naivety would HRMC automatically start to look at others on site?

[dejongj]

How would they know who else is working there on site? Didn't think they have a database of everybodies contracts, nor that an enquiry would allow for getting a copy of all names of other companies on that site and through the agencies...

I think you are worrying about nothing...

[Captain Dispensable]

Aren't agencies forced to hand over copies of all contracts for scutinisation? Seems the obvious place to start for the IR35 mob, not that I want to give them ideas!

[Robwg]

Why is your firm worrying about what other consultancy firms do? If they want to wrip off the taxman then let them.

[Bluebird]

I am working on a site with several other contractors, I have done my best to comply with HMRC rules and do everything possible to make sure I am outside of IR35 etc, my problem is I know of a few contractors doing the same role as me who just seem to ignore the advice and continue to claim travel expenses despite having an extension that takes them beyond 24 months.

I now claim no expenses at all apart from PCG membership and my PI & PL insurance as I will go over 24 months on the same site, if one of the others gets investigated and loses a battle with HMRC because of their ignorance/naivety would HRMC automatically start to look at others on site?

The 24 month rule & IR35 are different beasts - as long as you comply you're ok.

[gingerjedi]

The 24 month rule & IR35 are different beasts - as long as you comply you're ok.

So the 24 month rule applies whether Ltd or Brolly, is that correct? I have recently started a new contract with a different end client but on the same site as before and I think this still applies to me, others are viewing it differently but I guess it’s their fault when it all goes wrong.

[Solidec]

What about being with the same client but working on different sites? It has nearly been 2 years since I first began with my current client, originally through Parasol IT Umbrella and Agency, then Direct with the client using Giant Powerhouse (MSC) and more recently directly B2B through my own Ltd.

Can i assume expense claims should cease 24 months after i started with my client period (irrespective of my payroll status)?

Also will the fact that i have spend greater than 2 month periods on different client sites on numerous occasions make any difference?

I have moved around different locations based on where my client sends me, does this circumvent the 24 month rule?

[Vito]

Personally think that if you've been there over 2 years then the other guys claiming expenses is the least of your worries in terms of IR35...

[cojak]

Why is your firm worrying about what other consultancy firms do? If they want to wrip off the taxman then let them.

Apart from a slight error, I'm with this gentleman. You run your business professionally from the start, don't worry about what others are doing.

For example I've managed to get the word 'Contractor' onto my ID pass. The client didn't have a problem with this, but I was the 1st person to ask for it...

[cojak]

Personally think that if you've been there over 2 years then the other guys claiming expenses is the least of your worries in terms of IR35...

Oh, and no - it's not.