• Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
  • Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!

IR35 Implications of a 12-month contract

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

    IR35 Implications of a 12-month contract

    Long story short:

    I have an imminent telephone interview arranged at the last minute for a gig with a client offering a 12-month contract.

    Does anyone here have first-hand knowledge as to whether the length of the contract might have IR35 implications, please?

    Hoping for a professional, well-mannered response but just in case:

    1. Yes, I have looked at the IR35 information elsewhere on this site.
    2. Yes, I do realise that there are many factors that might affect IR35 - I'm just interested in the length of contract aspect, which is not immediately clear from the research that I've done.
    3. Yes, I'm sure that with a bit more research that perhaps I could have found it.
    4. Yes, I do realise that I haven't yet been offered the gig - just asking the question because it may sway my response if I do get offered it.
    5. No, I'm not really interested in any comments that don't relate to my question.

    Any and all helpful advice would be greatly appreciated.

    Thanks

    #2
    Length of contract alone has no bearing. There are related factors that do have implications, such as becoming part-and-parcel or being viewed by the client as something other than an independent contractor, so your working practices need to remain sound, as the situation can evolve from being outside to inside (with case law backing that up).

    Comment


      #3
      Originally posted by MojoDog View Post
      Hoping for a professional, well-mannered response
      Hmm. You may have come to the wrong place then

      Comment


        #4
        Originally posted by MojoDog View Post
        Hoping for a professional, well-mannered response
        Use Search.

        EDIT: http://forums.contractoruk.com/busin...ract-ir35.html. One of the many threads on IR35 which also discuss contract length.
        Last edited by nomadd; 24 April 2014, 12:31.
        nomadd liked this post

        Comment


          #5
          Originally posted by nomadd View Post
          Use Search.
          OP might need a helping hand as Googling "ir35 contract duration" might be too much. Top hits from that are:

          http://forums.contractoruk.com/busin...ract-ir35.html

          IR35: Long Contracts - Contractor Weekly


          And there's a company called HMArCey or something like that which apparently has an opinion on this:

          HM Revenue & Customs: Guidance on application of employment status rules to workers using intermediaries

          http://www.hmrc.gov.uk/ir35/taxbulart.pdf

          Comment


            #6
            Originally posted by captainham View Post
            OP might need a helping hand as Googling "ir35 contract duration" might be too much. Top hits from that are:

            http://forums.contractoruk.com/busin...ract-ir35.html

            IR35: Long Contracts - Contractor Weekly


            And there's a company called HMArCey or something like that which apparently has an opinion on this:

            HM Revenue & Customs: Guidance on application of employment status rules to workers using intermediaries

            http://www.hmrc.gov.uk/ir35/taxbulart.pdf

            Good job you were around then. Thanks for your help.

            Comment


              #7
              Originally posted by nomadd View Post
              Use Search.

              EDIT: http://forums.contractoruk.com/busin...ract-ir35.html. One of the many threads on IR35 which also discuss contract length.
              Use search.

              That's good advice.

              Thanks for your help.

              Comment


                #8
                We need a chip-on-shoulder emoticon

                latest-and-greatest solution (TM) kevpuk 2013

                Comment


                  #9
                  Originally posted by kevpuk View Post
                  We need a chip-on-shoulder emoticon

                  Intel or AMD?
                  nomadd liked this post

                  Comment


                    #10
                    Length has not direct bearing on your IR35 status, although as far as the likelihood of being investigated, if I was an HMRC inspector I'd be far more inclined to look at very long contracts, mainly because even though said contract may have started out outside IR35, if it had been going on for years there is a good chance that it could have slipped inside as the contractor is more likely to have become "part and parcel". But I'm talking 3+ years, not 12 months.

                    Comment

                    Working...
                    X