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Two Clients Conundrum

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    Two Clients Conundrum

    I am currently negotiating a new opportunity with a client that would be deemed a "small business". My aim is to try and work things so that I work for my current client and this new client at the same time in order to place me outside IR35 after April 2020. New gig is mostly remote too.

    I have some questions.

    Is the small business exemption permanent (at least until HMRC change their mind again) or time-boxed?

    Does having 2nd client and MOO in place at both mean that both are now outside?

    If first client decides across-the-board inside can I operate both at once, 1 inside and 2 out but the having two clients make 2 still a robust outside?

    #2
    No, HMRC could change their mind in a few years' time

    Each contract is considered on its own merits. Whilst having multiple clients is a good indicator of being in business on your own account, it is the contract and working practises you have with each that determines whether you are inside/outside IR35

    If you need permission from one of the clients to work with another client, then that could be seen as an element of control. They are telling you who you can do business with? I wouldn't like that at all.

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      #3
      I mainly agree with ladymuck here...though there could certainly be situations a contractor has two concurrent contracts, both being inside IR35. Ie it'd be negligibly different to someone having two part time jobs. Mon-Wed they work for client 1, are realistically controlled, provide personal service etc. Then Thu-Fri they work for client 2, again controlled etc.

      If client 1 is big, they make the decision, then you (and client 2) have no real impact on that. This has no impact on client 2.

      If client 2 is small, you need to consider the work you do for client 2 and make your own decision on it. Whether client 1 places you inside or outside shouldn't have any impact on your decision for client 2 (though it may impact your choices otherwise, in terms of extracting funds etc). The work being remote certainly helps your case IR35-wise, as it lends weight to the argument that you control when/where/how you work, as compared to someone who has to be on site 9-5.

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