Visitors can check out the Forum FAQ by clicking this link. You have to register before you can post: click the REGISTER link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. View our Forum Privacy Policy.
Want to receive the latest contracting news and advice straight to your inbox? Sign up to the ContractorUK newsletter here. Every sign up will also be entered into a draw to WIN £100 Amazon vouchers!
Client has requested in contract I work from Asia. Doesn't matter where in Asia, just Asia.
Asia is not my home, therefore I'd like to expense hotels
Travel INTO Asia = Would expense
Travel WITHIN Asia = Wouldn't expense
Hotels WITHIN Asia = Would expense
I think the fact I'm moving around has confused the issue a little, let's assume I land in Singapore and stay there the entire time I have my contract, I can expense hotels then, right?
The only difference to the above is that instead of staying in Singapore the entire time, I pay, from my own money to travel to Indonesia and stay in a hotel there. I'm still in Asia on business, but I'm not in the first country I landed in, that's the only difference.
Why do you need to be in asia to cover different hours?
"We need you to cover nights, so go and live in a different time zone" sounds barmy.
There is a longer reason internal to the client, they originally wanted me to work from their Singapore office but my manager screwed up a little bit with HR - but what matters is on my contract and what the client have requested I do, which is work remotely (in Asia, though that isn't in the contract). The client's motivations are neither my problem nor the point of this thread.
Not seen it mentioned, but isn't the issue here that by moving around for personal reasons then the trip is no longer wholly and exclusively for the business, and therefore none of it can be claimed? Simple as that is it not?
I see what the OP is saying so the only questionable point is his home location. I can see the OP believe his parents is his home so he believes the stay over while he is there is justified.
I'd be very nervous about his parents being his home though. I'd be interested in the detail of how much time the OP actually spends there. If it's his base because he's got nowhere else but he tends to get gigs and stay away you can imagine there is a challenge there.
Devil is in the details and even that's if there is an appetite to look in to it.
I think this situation is going to get more and more popular so IMO at some point it's going to get challenged.
'CUK forum personality of 2011 - Winner - Yes really!!!!
As others have said, but you don't like the answer:
You cannot expense personal accommodation.
This is what I think I'm missing. If I have permanent residency in the UK, how are hotels away from home as a result of client request a personal expense?
The client's motivations are neither my problem nor the point of this thread.
Incorrect on two points:
1. The client's request for you to be based in a location should be part of your contract negotiation, as such it is very much something you should be concerned about
2. You are deliberately misleading/withholding facts from us that could affect the advice we give.
So, on your contract with the client, what address do they give as being the main office you will be working from?
It is VERY ODD for a client, of their own choice, to specify a vague area for base. Was it entirely their own choice, or did you maybe hint it to them?
Have they defined "Asia" or specified the time zone?
Given that Asia is part of a land mass known as Eurasia, you could base yourself in Portugal on Norway and still be on the same continent.
There is a longer reason internal to the company, they screwed up a little bit - but what matters is on my contract. The client's motivations are neither my problem nor the point of this thread.
Well, yes it is your problem.
In the event of a hmrc audit, you'll need to justify why you're staying half way round the world and claiming it as a business expense.
I'm not sure a client requirement that you work in a different continent, not even a specific country, let alone town/city works.
During this time, you'll be working remotely (presumably from the hotel you're trying get to expense) and basically backpacking across asia, living where you please, not where the client needs you.
I think HMRC would take a very dim view of claiming any expenses in this scenario, especially as you vould probably do this from your home or office but with different hours.
Reckon we're veering off topic, just for the sake of argument assume they need me in this region of the world as I've said.
In this respect, I am withholding information because it's my client and I don't want to discuss the ins and outs of the negotiations, arrangements and their internal communication publicly. For the sake of argument and so that this thread might have a hint of usefulness to others, please make this assumption.
'What's does the contract say' is the phrase most-oft used here and that's what I'm using and my contract says remote.
My contract does have a UK site address but only because it stipulated that the first few weeks of the contract had to be done in the UK for me to settle into the work. From there it says remote.
Comment