going perm after break of 6 month plus going perm after break of 6 month plus
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  1. #1

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    Default going perm after break of 6 month plus

    Hello,

    Apologies if this has been asked already:

    I finished my contract last year.

    The same company are now looking to hire within the next few months for the same role contract
    If I get the role, would be after a break of 6 months plus at the very least..

    previous contracts with this firm are outside IR35, however, I was considering, would it be an the option to go via an umbrella for this new contract as I dont want to contract via PSC and would have preferred to go perm somewhere had it not been for present market state.. would this be a trigger for IR35 itself?

    many thanks

  2. #2

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    Ermmm... How does using an umbrella present an IR35 risk?

    As for previous contracts, that risk hasn't changed for another year, given that HMRC have only now received an SAR for that period.
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  4. #4

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    Quote Originally Posted by malvolio View Post
    Ermmm... How does using an umbrella present an IR35 risk?

    As for previous contracts, that risk hasn't changed for another year, given that HMRC have only now received an SAR for that period.
    Many thanks to your replies, obviously my understanding is poor.
    Also If I am offered a perm role , would that be an IR35 flag ? it would be after 6 months plus break but would be the same role, obviously different employment contract with employee benefits..

  5. #5

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    Quote Originally Posted by whywhenwhat View Post
    Many thanks to your replies, obviously my understanding is poor.
    Also If I am offered a perm role , would that be an IR35 flag ? it would be after 6 months plus break but would be the same role, obviously different employment contract with employee benefits..
    It's not the best situation but pretty easy to argue at the time it was a contract, you delivered and left. In the time you were away they made the decision to make it permanent. If they had flipped you over from Friday to Monday you would have been screwed but 6 months is enough buffer to give you a defence.

    Just keep your IR35 insurances going for a full year (the remainder of the term now and one more full year) just to be on the safe side.
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  6. #6

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    Quote Originally Posted by northernladuk View Post
    It's not the best situation but pretty easy to argue at the time it was a contract, you delivered and left. In the time you were away they made the decision to make it permanent. If they had flipped you over from Friday to Monday you would have been screwed but 6 months is enough buffer to give you a defence.

    Just keep your IR35 insurances going for a full year (the remainder of the term now and one more full year) just to be on the safe side.
    Thank you so much , I would prefer to take up a perm role if it came and this helps in making my decision.. I do have insurance and am hoping to start mvl soon as I don't see myself contracting in the near future..

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