"Consultation" on Employment Intermediaries and Tax Relief for Travel and Subsistence

[Underbase]

The plumber would fail supervision when as a tester I switch the tap on and discover a leak in the pipework.

And believe it or not the description is that broad. A cosmetic company rep telling a self employed sales person about the products the rep represents falls into supervision looking at the talentcore case

I am pretty sure a hair dresser would also fail this test if I tell them half way through I want it a bit shorter than they have done it. Does that mean I am liable for their taxes if they change the law to make the person that hires partly responsible?

[Graham1967]

Having viewed recently a few umbrella contracts, they already state that you will be subject to SDC, or have added this statement recently

My question is this, if you cannot claim travel and subsistence on normal commuting, then what is the point of an umbrella?

Will it now just be a way to be paid and pay employers NI, all for a fee of £1200 a year, or is it the beginning of the end for umbrellas, as many people will surely say, I might as well go paye with the client, or on the agencies payroll, or will the agency push you to the umbrella, who they "approve". Then everyone's happy, except the poor bugger who's earning the fees??

[tractor]

.....

Having viewed recently a few umbrella contracts, they already state that you will be subject to SDC, or have added this statement recently

My question is this, if you cannot claim travel and subsistence on normal commuting, then what is the point of an umbrella?

Will it now just be a way to be paid and pay employers NI, all for a fee of £1200 a year, or is it the beginning of the end for umbrellas, as many people will surely say, I might as well go paye with the client, or on the agencies payroll, or will the agency push you to the umbrella, who they "approve". Then everyone's happy, except the poor bugger who's earning the fees??

FTC and zero hours are the new job security.

[The Spartan]

Strangely enough Scenario 1, sounds like what I'm doing here at my current gig I rock up and decide how everything is tested and how the automation framework is developed.

[tractor]

....

If you look up the definition of Supervision, Direction & Control, the path is circular with each being a synonym of the others in the context of managing others.

They are in danger of disappearing up their own proverbial with this one.

Clearly, they are going to go ahead with it regardless of the usual sham consultation. Equally clear is that the shotgun approach will capture all those that they say won't be targetted during the consultation.

I think it's high time to swap lobbyists for lawyers.

[BoredBloke]

For the vast majority of the past 15 years I've worked away from home. Obviously I'd much prefer to forgo these expenses and work locally but the roles are far too infrequent and the rates are pretty dire. Without the ability to expense the travel and subsistence then there is no way I could make this pay. All I want is for my company to be allowed to expense the same expenses that any consultancy company can for its employees.

Its a joke that the the opening part of the forward for the consultation document says this

"Flexible labour plays an important role in the UK economy and in ensuring business has access to the individuals, skills and services it needs to encourage growth and rapidly respond to new demands."

For what it's wort I don't particularly want to stick my head above the parapet. Perhaps ContractorUK could fill in the consultation on our collective behalf

[The Spartan]

Anyone would think we as contractors would want to incur expenses when it's quite the opposite it's more or less a necessary evil if you have to stay away all week.

[Bluenose]

it's not necessarily the end of the world, I will just need to put my rate up 7.5% and get my agency to pay for all expenses.

I will just pass the cost on to someone else to deal with.

I can see this ending well.

[SandyD]

it's not necessarily the end of the world, I will just need to put my rate up 7.5% and get my agency to pay for all expenses.

I will just pass the cost on to someone else to deal with.

I can see this ending well.

Or move home to be closer to where most contracts are???
But am aware this is not realistic most of the time... Jeeez even people living just outside London (Kent area) who have a short train commute, their travel expense every year is not a joke thanks to the railway prices !!

In fact even though I live in the outskirts of London, this will make working at Canary Wharf not viable at all as its closer and a lot easier for me to drive there than to train it, but if I can't claim mileage and parking, then its not worth it !

Maaan, I got hit from every angle this Budget, Div tax, BTL and T&S !!

So who are still able to claim for T&S ?? Large consultancies only , what about builders, plumbers etc??

[SandyD]

ESM2057 - Agency and temporary workers: agency legislation - provisions from 6 April 2014: supervision, direction or control example - IT consultant

The two examples given are poles apart. Most of us fall somewhere in the middle.

Total B.S of the HMRC... who would ask someone to build anything for them and tell them you are free to do whatever you like and however you like it !! did you ever get a builder to build an extension or a conversion etc and told them build whatever you like and however you think it should go?? don't they need to submit their plans to the owners first then and authorities for approvals and changes...

Same with artists.. who commission someone without giving them context and direction on what they way from them, and ask for progress, prototype to approve etc??
Their scenario 1 is totally unrealistic and does not exist IMO