Claiming mileage under my brolly and SDC

[Flips]

Hi, I'm with Danbro now which has been more flexible that my previous Brolly (limited choice through the agency) but on every mileage claim I need to include the following, "My attendance at the current workplace under this assignment will not last for more than 24 months. I understand that if it does extend beyond 24 months then I will be unable to claim expenses as my workplace will be considered to be a temporary workplace.
I expect that when this assignment comes to an end I will continue to be employed by Danbro Ltd and that I will move to a temporary workplace under my contract of employment."
Does anyone know why I would need to include this when I am only claiming the miles between workplace and family homes as per the position/ needs of the job? Also, another worker (through a Brolly) seems to be claiming 60p a mile and I'm claiming 40p (local council rate). Can't work out if I'm missing out on some 'essential car user' top up. Anyone have any thoughts? TIA

[northernladuk]

Are you working for a Public Sector client?

Something seems wrong at the end of the first paragraph. If you've been there more than 24 months the your workplace will be deemed permanent and you will be commuting not travelling on business. I think they've got something wrong there.

24 months is about geographic location. If you move to somewhere close by or in the same city the clock will carry on ticking. It's not just about the client.

[northernladuk]

Ah you mention local coucil rate so it is a public body? Maybe the travel is being charged to your client then. If not I didn't think you could claim as per this article.
https://www.contractoruk.com/expense...ir35_role.html

[malvolio]

What Danbro are trying to establish is that you intend having more than one gig through them. If you do only have the single gig then you can't claim expenses since your client's workplace is your permanent one as far as expenses rules are concerned.

However it's all a bit moot anyway. Even if all your journeys from home are to different work locations you might still not be allowed to claim the tax relief. If you have a primary workplace, and also have to visit other locations, only those other locations are claimable. So it's not black and white by any means: talk to Danbro and get their explanation(s).

As for mileage rate that's between you and Danbro as you employer. Don't worry about what others are getting; your colleague may be paying extra tax or he may be committing tax evasion, but that's his problem not yours. The standard HMRC rate is 45ppm for the first 12k miles incidentally, but Danbro or their client may have other rules.

[lucyclarityumbrella]

Am I missing something here - if the mileage is a chargeable expense then the client can agree to repay a set mileage rate and you are paid back (if this is home to work travel you will be taxed on this irrelevant of any other rules). What you state appears to be reclaim of mileage for tax relief purposes which was cut in April 2016 under the T&S legislation (unless not under SDC which could then be recaimed at the end of the financial year). This was usually paid under salary sacrifice which was removed under the ITEPA at the same time - so unless they have side stepped this, I am unsure how they are even managing to process this!

[northernladuk]

Am I missing something

Are we allowed to answer that?

[lucyclarityumbrella]

Are we allowed to answer that?