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Legal Expenses : Claiming Back

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    Legal Expenses : Claiming Back

    Afternoon,

    I incuurred some legal invoices, in which I paid a contracts lawyer to review my contract.

    I've just submitted these as expenses to my umbrella, and they inform me that "Regrettably these are not part of the dispensation agreement we have with HMRC for business expenses and cannot therefore be approved.

    You are of course perfectly entitled to take this claim up with HMRC when you submit your annual return at the end of the tax year"

    I was under the impression that any costs incurred as part of my employment, and within the dispensation guildelines, could be recovered.

    After all, I incurred these costs personally, as part of my job, and have paid the solicitor out of my own pocket.

    Any thoughts ?

    Anyway I am PAYE, so I don't submit end of year annual returns.
    Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.

    C.S. Lewis

    #2
    I think you can submit a return to claim money back. Shouldn't be a problem, if they are offsettable.
    I'm alright Jack

    Comment


      #3
      Thanks !

      I'll find an accountant and ask him if he can do this for me.

      Cheers !
      Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.

      C.S. Lewis

      Comment


        #4
        Originally posted by Board Game Geek View Post
        Afternoon,

        I incuurred some legal invoices, in which I paid a contracts lawyer to review my contract.

        I've just submitted these as expenses to my umbrella, and they inform me that "Regrettably these are not part of the dispensation agreement we have with HMRC for business expenses and cannot therefore be approved.

        You are of course perfectly entitled to take this claim up with HMRC when you submit your annual return at the end of the tax year"

        I was under the impression that any costs incurred as part of my employment, and within the dispensation guildelines, could be recovered.

        After all, I incurred these costs personally, as part of my job,
        I don't think (technically) that you did. I can't see how getting a contract reviewed by a lawyer can be described as "in the course of your employment". It would be "before your employment". (and yes the law is that picky)

        tim

        Comment


          #5
          If you decide to claim them (and as tim123 said it could be a bit questionable) and your employer will not reimburse you then the way ro do it is via your tax return. There is a box for offsetting claimable expenses and this reduces your taxable income accordingly.

          Comment


            #6
            Legal Expenses

            Board Game Geek

            For some expenses of your employment you can claim on your tax return.

            However, for expenses that "put you in a poistion to be employed" such as legal advice on your IR35 status before your employment commences or whilst being in employment - these are not claimable against the tax paid on that employment.



            Phil

            Comment


              #7
              Originally posted by Board Game Geek View Post
              Afternoon,
              I've just submitted these as expenses to my umbrella, and they inform me that "Regrettably these are not part of the dispensation agreement we have with HMRC for business expenses and cannot therefore be approved.
              I though dispensations just meant that the employer (the umbrella) didn't need to see or check receipts. So the umbrella could reimburse the expense if they wanted to. Yet another reason to go ltd.

              I ran a ltd co for years without a dispensation. It never caused trouble.

              Originally posted by PhilAtBFCA View Post
              However, for expenses that "put you in a poistion to be employed" such as legal advice on your IR35 status before your employment commences or whilst being in employment - these are not claimable against the tax paid on that employment.
              The legal advice does not put him in a position to be employed. He's already employed by the brolly. And he has no IR35 status as he is working through a brolly.

              What was the nature of the contract reviews?
              Last edited by NotAllThere; 2 July 2009, 09:28.
              Down with racism. Long live miscegenation!

              Comment


                #8
                Originally posted by NotAllThere View Post



                The legal advice does not put him in a position to be employed. He's already employed by the brolly. And he has no IR35 status as he is working through a brolly.

                What was the nature of the contract reviews?

                WHS.

                The contract review is to acertain the suitability of a client on behalf of his employer (the brolly), not to help him gain employment.
                Still Invoicing

                Comment


                  #9
                  I though dispensations just meant that the employer (the umbrella) didn't need to see or check receipts. So the umbrella could reimburse the expense if they wanted to. Yet another reason to go ltd.
                  Not all there

                  Yes you are right - but only for the expenses specified in the dispensation, not any expense.

                  The employee might want to keep receipts anyway, to prove they incurred the expense.

                  Phil

                  Comment


                    #10
                    Nice unclear answer there Phil.

                    Does my employer need a dispensation in order for me to claim expenses? AIUI, no. But then i must supply a receipt.

                    So the brolly saying "sorry pal, it aint covered by our dispensation" is irrelevant. Yes?
                    Down with racism. Long live miscegenation!

                    Comment

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