P11d - correct

windbag · 28th August 2008, 20:49

Ok people, a large umbrella company ( I am no longer with) submitted a P11d indicating to HRMC that I had received expenses outside their dispensations and guidelines (how generous!). Now the HRMC is not happy as I was not made aware of these expenses or the content of the P11D and no copy was supplied. The umbrella co want £50 for a copy of the data submitted to the HRMC - nice!.

whats next ?- any experience of this, I believe the umbrella co have got it wrong big time how do I move this forwards?

thanks

pmeswani · 28th August 2008, 20:54

Quote:

Originally Posted by windbag

Ok people, a large umbrella company ( I am no longer with) submitted a P11d indicating to HRMC that I had received expenses outside their dispensations and guidelines (how generous!). Now the HRMC is not happy as I was not made aware of these expenses or the content of the P11D and no copy was supplied. The umbrella co want £50 for a copy of the data submitted to the HRMC - nice!.

whats next ?- any experience of this, I believe the umbrella co have got it wrong big time how do I move this forwards?

thanks

Do you have any proof that the Umbrella is in the wrong, or is your concern based on uncertainty? Did you keep records of all your expenses? It is not unreasonable for a company to charge for something that wasn't quoted as part of an original contract... but if the service you are asking is part of your contract, then it may be worth getting a solicitor to have a look into it.

windbag · 28th August 2008, 20:58

They are wrong and I have the expences I claimed. The main item at issue is travel expences claimed at 40p/25p per mile, simply travel from home to temp contract and return. This is exactly as my current provider considers within guidelines.

Crossroads · 28th August 2008, 22:53

Quote:

Originally Posted by windbag

They are wrong and I have the expences I claimed. The main item at issue is travel expences claimed at 40p/25p per mile, simply travel from home to temp contract and return. This is exactly as my current provider considers within guidelines.

I wonder...did you only work at one client/on one contract with this brolly? If so, your work location (the end client) was arguably your permanent place of work, not a temporary location, and therefore not eligible for travel expenses.

TykeMerc · 28th August 2008, 23:24

Quote:

Originally Posted by Crossroads

I wonder...did you only work at one client/on one contract with this brolly? If so, your work location (the end client) was arguably your permanent place of work, not a temporary location, and therefore not eligible for travel expenses.

So long as he was on a temporary placement that didn't exceed 2 years at geographically similar sites then the HMRC rules allow for reasonable travel expenses.
I don't understand how the Umbrella can claim that expenses were paid in excess of their dispensation. The Umbrella controls the payroll and can accept or reject expenses claim, their duty of care is to only accept allowable expenses.

Unless Windbag has left out a lot of critical detail I don't see how the Umbrella can have got it right for that matter them wanting any money at all for data collected and submitted about him seems pretty barmy.

pmeswani · 29th August 2008, 06:01

Quote:

Originally Posted by TykeMerc

So long as he was on a temporary placement that didn't exceed 2 years at geographically similar sites then the HMRC rules allow for reasonable travel expenses.
I don't understand how the Umbrella can claim that expenses were paid in excess of their dispensation. The Umbrella controls the payroll and can accept or reject expenses claim, their duty of care is to only accept allowable expenses.

Unless Windbag has left out a lot of critical detail I don't see how the Umbrella can have got it right for that matter them wanting any money at all for data collected and submitted about him seems pretty barmy.

I find it strange too. There is something in the back of my mind that says that why would an umbrella company screw a contractor in this way? I think we need some more information about what the out of bounds issue is before we can really pass judgement. Is it wise to name and shame the brolly?

malvolio · 29th August 2008, 07:11

Could it be that mileage, as a normal non-BIK allowance, is not actually listed on the umbrella's dispensation in the first place? Unlike hotels and meals, there is no obligation to receipt it after all, merely to be able to demonstrate if asked that it has been legitmately claimed. Could simply be the OP has missed a bit of form filing...

windbag · 29th August 2008, 07:30

thanks for the contributions - valuable stuff. This is a major brolly company - I moved on after changing locations & contracts (yes under the 2 year guidelines). All travel was submitted with all the correct data requested. Including detailed evidence of my home and weekly B&B location. The Issue is £2595 indicated by the Co. to HRMC via a P11d that I was totaly unaware of. No copy was provided to me (honest!) otherwise i would have been on this asap. No expenses were paid outside of the 40/25p guidelines and should never appeared on a P11d.

My claims are also in accordance with the excellent all-round brolly team i am with now. I cant get the company to simply explain where we don't agree. I did receive some flannel that HRMC 'changed the requirements' midway thro the year (05/06). Make sense?

NotAllThere · 29th August 2008, 07:36

It's been a long time since I was an employee, but IIRC, don't you get a copy of the P11d or the P11 or something, so you can fill in your tax return?

Also, as has been pointed out, if you've only had one contract through the other brolly, then it can be interpreted that it wasn't a temporary workplace. The idea is that temporary workplaces only count if there's more than one with the same employer. If a permie goes from employee A to employee B, at different location, after 3 months, there's no question of A being a "temporary workplace".

windbag · 29th August 2008, 07:57

I did not receive a copy of the P11d - as mentioned, I would have been on this as soon as (this is for 05/06) - I suspect the brolly submitted the P11d late to the HRMC.

It was a temp contract no debate - I know the rules and comply fully.

Can I make these guys provide the back-up data they are basing this calculation upon? we all have to keep records for 7 years. I have mine but I am not the 'owner' of the
p11d and the data supporting this.