Sorry!..Business Mileage Claims With Private Car

[Fresh Air]

Sorry everyone, this is a subject that has been discussed & dissected but I would like people's comments with regards to my situation;

Business Mileage Claims With Private Car...

MyCo Ltd has (but not started) a 12mnth contract with an Agency (not previously used) to supply services to a new Client (I’ve not previously worked for), at the Client’s worksite (I’ve not previously worked at).

For the duration of the contract I will be based at the one Client worksite. The contract has the 'possibility' of being extended, but nothing has been expressly stated and nothing has been expressed that could breech the 24 month rule. There is no obligation for the Agency to supply Myco Ltd with additional work with the Client at the end of the contract, and the Client doesn’t have to extend their requirement for MyCo Ltd’s services via the Agency.

Would this worksite be a 'permanent' worksite or a 'temporary' worksite, and therefore claim mileage from MyCo Ltd?

[Craig@Clarity]

If it is a new location and your contract is not for a period of 24 months but say 3 or 6 months, you cannot predict that you are going to be at the same location for more than 24 months and therefore, you can claim the mileage. It's only when you know you are going to be there for for more than 24 months, do you stop claiming.

[Fresh Air]

Hi Craig@InTouch,

The contract is stated at 12mnths - this 'could' be extended, but I, the Client or Agency doesnt have that crystal ball

[TheFaQQer]

Hi Craig@InTouch,

The contract is stated at 12mnths - this 'could' be extended, but I, the Client or Agency doesnt have that crystal ball

Then claim it - the expectation is not there.

[VectraMan]

WHS. Your contract is for 12 months, not 24. You have nothing to worry about.

[BA to the Stars]

Don't forget, it is 45p per mile wef the new tax year for the first 10,000 miles and 25p per mile thereafter.

Good luck

[BolshieBastard]

Sorry everyone, this is a subject that has been discussed & dissected but I would like people's comments with regards to my situation;

Business Mileage Claims With Private Car...

MyCo Ltd has (but not started) a 12mnth contract with an Agency (not previously used) to supply services to a new Client (I’ve not previously worked for), at the Client’s worksite (I’ve not previously worked at).

For the duration of the contract I will be based at the one Client worksite. The contract has the 'possibility' of being extended, but nothing has been expressly stated and nothing has been expressed that could breech the 24 month rule. There is no obligation for the Agency to supply Myco Ltd with additional work with the Client at the end of the contract, and the Client doesn’t have to extend their requirement for MyCo Ltd’s services via the Agency.

Would this worksite be a 'permanent' worksite or a 'temporary' worksite, and therefore claim mileage from MyCo Ltd?

There's no indication you will be on site for 24 months. The 24 month rule only kicks in when you know for certain if you'll be on site for 2 years or more.

I dont see what your problem is here.

[Wanderer]

The contract is stated at 12mnths - this 'could' be extended, but I, the Client or Agency doesnt have that crystal ball

12 < 24 therefore claim it.

If you were there 12 months and you got a 12 month extension then you should stop claiming once you have signed the extension. But as you say, who's to know if you will get extended or even work out the full 12 month contract for that matter. If you are there for a year and they offer an extension for, hmmmm, 11 months then wouldn't that be good because you could claim right up to the end of the two years.

[Fresh Air]

Thanks everyone

All comments are pointing the same way so helps me make up my mind a bit easier!

Out of interest, if the duration of the contract is written as 12mnth, could this be classed as a 'fixed term'?...

"the fixed term appointment rule: a workplace is not a temporary workplace if the employee can expect to work there in a continuous period of working lasting for all or almost all of the likely duration of the employment."

From this I would say that I'm not an 'employee', and this rule is specifically for employees being seconded to other worksites.....

[escapeUK]

12 < 24 therefore claim it.

If you were there 12 months and you got a 12 month extension then you should stop claiming once you have signed the extension. But as you say, who's to know if you will get extended or even work out the full 12 month contract for that matter. If you are there for a year and they offer an extension for, hmmmm, 11 months then wouldn't that be good because you could claim right up to the end of the two years.

What if you start mid Jan, and then get extended to End Dec the year after. (So 23 months and 2 weeks) ?

This could be my position by the end of the year.