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Inland Revenue Dispensation........

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    #11
    Dispensation

    Read my lips, its NOT over-claiming nothing. It is quite evident you lack a basic understanding of law and tax law in particular (i.e. you confuse “Spending” with “expense” , they are different, for example Depreciation is not money spent but it is an expense and Capital Spending are not expenses).

    Now try to follow my earlier example, Of the Civil servant. I will repeat it one more time.

    A civil servant working for the IR claims an allowance of £70 for accommodation and £21 for meals when they are auditing your books. They are never issued with a P11D nor do they declare it on their tax return. Are you suggesting the IR staff is engaged in fraud?

    Next you need to understand that there are documents that are “primary” documents i.e. birth certificates land titles, P60s 7 P11Ds. That is what they say on the face of them the truth of the matter, I.E. Like malvolio’s birth certificate states he is a big girl therefore he is; despite having 1 meat & 2 vegs.

    Now for P60 and P11D, they are declarations on income and benefit paid to an employee. Verse payslips have no standing with the IR. If your employer understates either the P60 or P11D they are in trouble. If they overstate them you try convincing the IR that they are in error, it is impossible!

    Still there, Now the dispensation works as mention before because the IR say, if you have a process that has some independent verification then an employee can be paid XX as to cover accommodation and/or Meals away from home, and the amount paid does not have to appear on a P11D. The process should include “Evidence” but isn’t mandatory.

    On this point you are right. The employer is exempt from any come back (but so too is the employee, why wouldn’t they, please read on)

    Now moving on to the employee’s tax return, The P11D says he has received ZERO benefit, and the P60 states how much income he has received. One more time they have received ZERO benefit. The End of the Matter.

    I even if you were remotely correct, let’s work it through, the IR come knocking and … and. Hmmm. I’m a little stuck here. So they say we have your tax return and we think you have under declared you income. “Here is my P60, and I have not received a P11D because I have not received any “benefits””. End of inquiry.
    Or do they say you we believe you claimed money that you haven’t spent. “Sir do you mean I have received a financial benefit and my employer hasn’t put it in a P11D”; IR “NO”. So what are you saying? My P60 is incorrect; IR “NO”. Have I received money from anyone else? IR “NO”. Your & planits analysis breaks down again.

    The IR has concise statements at
    www.inlandrevenue.gov.uk/pdfs/ir69.htm
    and The P11DX form.

    Comment


      #12
      Re: Dispensation

      You are a confused man passthevas and I would be impressed with your argument were it not total bollux that may confuse others.

      No qualified accountant condones the claiming of unreceipted expenses and anyone that claims these is asking for trouble.

      The IR allowance you talk about is a theoretical maximum paid to its employees - it would not be paid out without proper receipts.

      Your comments are dangerous to yourself and others - you need to talk to a qualified accountant before you drop yourself in deep sh4t.

      I have had an expenses audit by the IR and they go through everything with a fine tooth comb. If you want to take the risk then fair enough but you have been warned.

      .....and where are the forum accountants when you need them??

      Comment


        #13
        Re: Don't bother...

        He's not listening.

        Hey, what do I know? I'm merely a qualified but non-practising accountant with 30 years business experience on both sides of the employee/employer fence. Obviously I need to back-claim at least £37k unpaid expenses for 30 years worth of unpaid lunches.

        It would be funny if it wasn't so serious.

        Comment


          #14
          Re: Don't bother...

          The dangerous thing is that this chaps arguements sound convincing to the unsuspecting or uninformed.

          His whole argument revolves around not being caught, NOT that what the individual is actually legal from a tax point of view.

          I am a member of the Chartered Institute of Taxation, so could reasonably be said to know my stuff when it comes to tax, and can absolutely confirm that these dispensations only serve to stop the reporting of certain expenses on the P11d.

          In the event of a Revenue audit (during which they would see your bank statements, and be able to see these "expense" payments hitting your account), they would want evidence that these were actually incurred (receipts usually), and that they were incurred wholly, exclusively and necessarily in the course of the business.

          Comment


            #15
            The funny thing is ...

            ... that it actually says that on the IR page he cited as backup up his rubbish.
            What conditions must I satisfy?
            Your Inspector must be sure that

            no tax would be payable by your employees on expenses paid or benefits provided, and
            expenses claims are independently checked and authorised within the firm and, where possible, are supported by receipts.*
            .
            .
            .
            .
            .
            .
            *A dispensation may nevertheless be considered for controlling directors who decide their own expenses provided that there is independent documentation to vouch for the expenditure.
            Naturally a brolly boy is not a director and it would hardly be accepted that no receipt could be obtained for (say) an accomodation expense.

            Comment


              #16
              Re: The funny thing is ... IT contractors think there lawyer

              At long last someone is listening, and I too am prepared to listen.

              Its neither fraud nor a Question of not getting caught (SJD). It’s a matter of not being stuck in the last century which you 3 seem to be. In the right hand corner we have the a dozen UC’s and the IR saying per diems based on IR dispensations are neither income nor a benefit in kind and other corner you 3 from last century, saying the IR will make you pay

              Then experts Crapspotter, malvo , planeit. antagoneyes and Sjd Slagging off someone else’s view that is different rather than putting up a coherent argument.

              Why is it that IT contractors think they are experts it law with no training?

              Lets Take on Mr Rubbish crapspotter, “The I” the company and you are 2 separate legal entities there is “no I” about it, (accounting 101) it’s the company must have a system and it must contain some Independent Verification (so where is the FKing Rubbish) Read my lips. The IR looks at the Co’s system and says hey there is not tax on the benefit issue the Dispensation. So if the IR says a no receipt system or a logbook (partial receipts) system is ok then it’s the end of the matter. The problem with you guys is that you can’t believe the IR would do that and because you can’t move beyond your closed mind, everyone else is rubbish.

              Lets Deal antagoneyes, “I had An Expense audit” you did not have one, your PSC had one. Another person incapable of telling the difference between 2 legal entities.

              As to this Audit, “Did the Company have a registered dispensation?” I think not (but I stand to be corrected). because you are a co director and Dispensations were not available to them. That’s why they asked for receipts (secondary evidence). My understanding is Dispensations are a new device and originally could not be used for company a director, that’s why PSC accountants like SJD never used them and why UC’s could.


              Now to SJD

              As a member Chartered Institute of Taxation you should know if it’s not on a P11D it’s not a benefit end of story. But you say no you could be audited and forced to hand over bank statements and they will see these Per Diems. You then say they will want evidence, well the evidence is with the employer isn’t it? how else would have you claimed them in the first place. And we are back to square one. They have to go back the company and either determine the process didn’t match the dispensation, or rescind the dispensation. You seem to suggest they can deem the per diam a benefit, ignoring the dispensation.

              It’s a fairly straight forward question you should ask of your local office SJD “if someone is paid a Per Diem in accord with an IR Dispensation are they liable for tax. (The IR web site says no)

              I’m not arguing the case from fraudulently obtained Dispensations.

              Comment


                #17
                Re: One for simon

                what does one do with the flat rate vat "profit" (2.25%)?

                1) declare it as income
                2) ignore it

                Comment


                  #18
                  Re: The funny thing is ... IT contractors think there lawyer

                  passthevas - you are wrong. Simon is correct.

                  The dispensation simply means that the Employer does not have to include the expenses paid on the P11D. The expenses paid out are intended to cover expenses genuinely incurred for business reasons.

                  If the individual is investigated by IR for any reason and is found to have received expenses that he cannot substantiate as having incurred for business reasons the individual will be liable to additional tax on the surplus.

                  Comment


                    #19
                    Re: One for simon

                    VAT flat rate profit is additional profit for the business and has to be declared as such

                    Comment


                      #20
                      Re: One for simon

                      Simon was right last century but wrong this century, show me a real live example "dispensation plus investigation"
                      you guys seem to think the P11d has no legal standing.

                      The dispensation is the "agreed" method to substantiate there was not tax benefit.

                      So the IR and all those umbrella companies wrong (except for OG would is run by "receipt" obsessed bookkeeppers)

                      Comment

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