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Thread: Deemed payments

  1. #11

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    Quote Originally Posted by Blert596 View Post
    Thanks..you've just increased my anxiety levels no end.

    The way this works is I'm given a list of sites to do technical surveys on. I get the sites which are scattered all over Scotland, work out a schedule to attend them, and arrange with other subcontractors to meet on the sites at a certain time. I am usually on site for a max of 2 hours per site A before moving on to site B or C . The amount of sites per day will depend on various things like weather, current workload, travel time, and work required at the individual site. I have approximately 400 sites that are mine to deliver upgrades on.

    I normally drive to site from home as going into the clients site is pointless and not required, and sometimes return straight home and write up the work done, or go into the clients office to provide an update and input data. There's no requirement for me to go to the clients office after visiting the sites. Unless something goes wrong I'd rarely revisit a site, and the only work I do on site is related to that specific site.

    Depending on the amount of sites that need looking at I may work totally from my home or go into the office depending on how I feel basically.

    I honestly don't see how that could be construed as travelling to a fixed place of work.

    I dont claim mileage to and from the clients office when I do go in.
    Hi Blert596,

    Unfortunately, webberg is absolutely correct. If you're found to be inside-IR35 then expenses are no longer claimable as it's implied that you're also under SDC (supervision, direction and control of the client).

    Under the old rules, the main place of work was considered to be your address (or the employer's address if an umbrella worker) and so any other workplace was considered temporary.

    Under the new rules, the main or permanent place of work is the site that the work is carried out at (this could include your home), and any temporary workplace is the workplace other than your home or main worksite. But, the rules further go onto say that the first and last journeys (e.g. home to worksite 1, and worksite 10 to home) are discounted for expenses purposes as otherwise people working from home could still claim as they did under the new rules.

    If you travel from home to worksite 1, and then from worksite 1 to worksite 2 and then worksite 3 and so on…. etc, the journeys from worksite 1 to the other worksites are claimable. But the journeys from home to worksite 1, and the last worksite back to home aren’t claimable unfortunately. HMRC has brought expenses in line with what we expect for permanent staff.


    Thanks

    Zeeshan

  2. #12

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    It sounds like Blert596, if found inside IR35, needs to change his working practices and always travel to/from his client (employer) site before/after visiting the end-client site(s) (where the work is done).

    This is assuming the distance to his employers office is less than the distance to the first end-client, and obviously needs to take into account if it is worth it for the extra travelling time.

    There is also the question as to who would know if he didn't travel to/back to the employer site, but of course no-one would suggest not doing that but claiming as if he did.
    Last edited by Paralytic; 8th November 2019 at 15:01.

  3. #13

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    Quote Originally Posted by Paralytic View Post
    It sounds like Blert596, if found inside IR35, needs to change his working practices and always travel to/fromn his client (employer) site before/after visiting the end-client site(s) (where the work is done).

    This is assuming the distance to his employers office is less than the distance to the first end-client, and obviously needs to take into account if it is worth it for the extra travelling time.

    There is also the question as to who would know if he didn't travel to/back to the employer site, but of course no-one would suggest not doing that but claiming as if he did.
    Hi Paralytic,

    Some form of work would have to be undertaken at the client's site, otherwise it's just a sham setup to claim business expenses.

    Thanks


    Zeeshan

  4. #14

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    Quote Originally Posted by DolanContractorGroup View Post
    Hi Paralytic,

    Some form of work would have to be undertaken at the client's site, otherwise it's just a sham setup to claim business expenses.

    Thanks


    Zeeshan
    And I'm sure no-one would do that Would confirming the client list for the day be regarded as work?
    Last edited by Paralytic; 9th November 2019 at 23:36.

  5. #15

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    Well that's not what I was hoping to hear to be honest.

    And yet the permies claim expenses for their company car trips from home to wherever.

    To be honest, this is now a big worry.

  6. #16

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    Quote Originally Posted by Paralytic View Post
    And I'm sure no-one would do that Would confirming the client list for the day be regarded as work?
    Potentially. Would definitely need to be looked at carefully.


    Quote Originally Posted by Blert596 View Post
    Well that's not what I was hoping to hear to be honest.

    And yet the permies claim expenses for their company car trips from home to wherever.

    To be honest, this is now a big worry.
    It could be argued that they're going from a temp workplace to another temp workplace.

    Thanks


    Zeeshan

  7. #17

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    Quote Originally Posted by DolanContractorGroup View Post
    Potentially. Would definitely need to be looked at carefully.




    It could be argued that they're going from a temp workplace to another temp workplace.

    Thanks


    Zeeshan
    If permies have a company car and company pays for their travel, probably you should have arranged similar benefit once you were caught inside. That or negotiate some kind of travel contribution from your employer. This will still be taxed as income, but would be some extra help to cover your expenses!
    "The boy who cried Sheep"

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