inside IR 35 accomodation expense

[Sid]

I am working limited inside IR35. I now need to stay overnight near client base(30 miles away from home) for the next 1 month for a project go-live. Client won't reimburse. Is 70 quid a night a reasonable accommodation+dinner expense that can be claimed back? say, e.g my daily rate is £325.

[Clare@InTouch]

It's not up to HMRC to decide what is reasonable in cost terms, it's whether the expense is allowable at all that matters. If you need to stay away on business and you don't fall foul of the 24 month rule then the expense is fine - whether you choose The Savoy or the Premier Inn is up to you.

[kal]

I am working limited inside IR35. I now need to stay overnight near client base(30 miles away from home) for the next 1 month for a project go-live. Client won't reimburse. Is 70 quid a night a reasonable accommodation+dinner expense that can be claimed back? say, e.g my daily rate is £325.

Why do you need to be so close for that month rather than drive the 30 miles into work (1 hr's commute I guess?). If its to accommodate the client by doing 12/14 hr days during go-live and they won't even stump up the cost of a cheap hotel then I would tell them that I am working my 'professional day' (as per contracted terms) and go home at my normal finishing time...

[Bellona]

It's not up to HMRC to decide what is reasonable in cost terms.
Whether you choose The Savoy or the Premier Inn is up to you.

Why do you need to be so close for that month rather than drive the 30 miles into work (1 hr's commute I guess?). If its to accommodate the client by doing 12/14 hr days during go-live and they won't even stump up the cost of a cheap hotel then I would tell them that I am working my 'professional day' (as per contracted terms) and go home at my normal finishing time...

Excellent advice here.
On a personal level, i've got to agree with Kal - you are not a permie to be at beck and call as and when.

[kingcook]

Why do you need to be so close for that month rather than drive the 30 miles into work (1 hr's commute I guess?). If its to accommodate the client by doing 12/14 hr days during go-live and they won't even stump up the cost of a cheap hotel then I would tell them that I am working my 'professional day' (as per contracted terms) and go home at my normal finishing time...

Kingcook likes this

[Antman]

Excellent advice here.
On a personal level, i've got to agree with Kal - you are not a permie to be at beck and call as and when.

If the OP says he's inside IR35 then he is at their beck and call to some extent surely?

[kal]

If the OP says he's inside IR35 then he is at their beck and call to some extent surely?

Why is the OPs tax status of any concern of the client, that is between him and the tax man. Just because you're inside doesn't mean they can treat you like a permie (who are compensated to some degree with promises of bonus, pay rise and promotions etc) As far as the client is concerned they have a contract resource in place and are paying him an hourly or daily rate for his work, your comment really makes no sense

[TheCyclingProgrammer]

Why is the OPs tax status of any concern of the client, that is between him and the tax man. Just because you're inside doesn't mean they can treat you like a permie (who are compensated to some degree with promises of bonus, pay rise and promotions etc) As far as the client is concerned they have a contract resource in place and are paying him an hourly or daily rate for his work, your comment really makes no sense

I suppose what Antman was getting at is that if OP is inside IR35 then he must presumably fail on all three major tests (MOO, control and RoS) and therefore for all intents and purposes will be treated like any other employee of his client, particularly in terms of control over when and how he works?

That said, OP is still in a stronger position than an actual permie in that he should have he ability to negotiate some of this stuff in his favour and get it in the contract.

[kal]

I suppose what Antman was getting at is that if OP is inside IR35 then he must presumably fail on all three major tests (MOO, control and RoS) and therefore for all intents and purposes will be treated like any other employee of his client, particularly in terms of control over when and how he works?

That said, OP is still in a stronger position than an actual permie in that he should have he ability to negotiate some of this stuff in his favour and get it in the contract.

I guess the only the OP can answer this question, I would still tell them to shove it though