Update from my MSC

[tim123]

2) As to my car mileage. 40p at 32 miles is £12.80 a day - Giant have now stopped me claiming this as I don't fall within their 100 miles per £10 criteria. The problem is HMRC statute states I am fully entitled to claim the 40p - BUT this is NOT a Petrol rate - it is petrol/maintenance/wear and tear. You can't VAT bill something like that. This is why IR regualations clearly state I am only obliged to log my mileage in a log book. Giant have overidden this and in theory this could be deemed unlawful.

Utter tosh! What your employer (Giant) will let you claim for mileage is entirely up to them, they have no legal obligations to pay anything at all here.

The rules are simply ones that affect your tax liability for the amount that they do chose to pay. If they pay you the scale charge, there is no liability for income tax on that payment (provided that the mileage is genuinely claimable).

If they pay you more than this amount (which historically some employers do) or if you have more than one employer and they don't apportion the higher initial rate between them correctly, there is a liability to income tax that should be declared on your tax return.

OTOH if your employer pays you less than the scale charge, you are entitled to claim for the full amount on your tax form and claim a refund directly from HMIT.

tim

[rawly]

To be honest Tim I think you are complicating what is actually one of the simpler Tax Rules.

The IR online fact sheet says that if I use my private car for business then I can claim up to 10,000 miles a year at 40p a mile and only require to log the journey.

Full Stop - nothing more or less complicated. Why do you have a hang-up about this? I don't work for Giant. I am not an Employee of Giant. I think you're confused.

[Cowboy Bob]

The IR online fact sheet says that if I use my private car for business

Problem is you're not. Using your car to get to work and using your car for business are two completely different things.

[rawly]

Problem is you're not. Using your car to get to work and using your car for business are two completely different things.

Why are back to this issue again? Get over it! I am working within current legislation (till April anyway) which has deemed this as valid based on my current contractual status. This ISN'T the issue! Stay focussed on the issue.

[Cowboy Bob]

Why are back to this issue again? Get over it! I am working within current legislation (till April anyway) which has deemed this as valid based on my current contractual status. This ISN'T the issue! Stay focussed on the issue.

OK, you're right, I'm wrong. It's your expenses that are going to come under investigation not mine...

[rawly]

OK, you're right, I'm wrong. It's your expenses that are going to come under investigation not mine...

What - and so my contract which was independently audited by an external company specialising in this are wrong instead of you!? Obviously you know it all - and as you say it's my problem not yours anyway. Is this what happens to people when your've exceeded your 24 months temporary status - you become obtuse and bitter. Hope I never get like that.

[Cowboy Bob]

What - and so my contract which was independently audited by an external company specialising in this are wrong instead of you!?

So why not ask them, instead of coming on here and acting like a knob?

[malvolio]

What - and so my contract which was independently audited by an external company specialising in this are wrong instead of you!? Obviously you know it all - and as you say it's my problem not yours anyway. Is this what happens to people when your've exceeded your 24 months temporary status - you become obtuse and bitter. Hope I never get like that.

You may be too late...

Anyway, from April CB is right, if you are with an MSC the definition of a place of work changes so you would be just driving to work. Until then, you are right, it's a legitimate claim

As for Giant's rules, they are up to Giant and need not have any basis in reality. As you will discover if you get your own Ltd...

[expat]

To be honest Tim I think you are complicating what is actually one of the simpler Tax Rules.

The IR online fact sheet says that if I use my private car for business then I can claim up to 10,000 miles a year at 40p a mile and only require to log the journey.

Full Stop - nothing more or less complicated. Why do you have a hang-up about this? I don't work for Giant. I am not an Employee of Giant. I think you're confused.

Then HMRC will allow you to claim that much against tax. What Giant may feel like paying you is nothing to do with that. That much is clear, I trust.

[tim123]

To be honest Tim I think you are complicating what is actually one of the simpler Tax Rules.

The IR online fact sheet says that if I use my private car for business then I can claim up to 10,000 miles a year at 40p a mile and only require to log the journey.

Full Stop - nothing more or less complicated. Why do you have a hang-up about this? I don't work for Giant. I am not an Employee of Giant. I think you're confused.

I have a hang up with your suggestion that Giant are doing something illegal by refusing to pay you these expenses as a tax free amount.

If these expenses are genuinely available to you as tax free payments then you can claim them through your tax return if Giant don't pay them to you.

OTOH, if these payments are not genuinely available as a tax free payment and Giant pay them to you anyway, it is your responsibility to declare them on your tax return.

It is not Giant who decide whether these payments should be tax free or not, it is you. But if the tax man disagrees, it is you who has to argue the case.

And you may not think that you are an employee of Giant, but ITYF that employment law says otherwise.

tim