What expenses can be claimed
Using the services of an Umbrella Company allows you to claim expenses which a PAYE employee at the agency would not be entitled to.
This is due to the over-arching
employment contract with your Umbrella Company which deems your
home to be your permanent work place and the clients place of work
your temporary work place. You are therefore able to claim travel
expenses to and from your temporary work place. By claiming all the
appropriate allowances and exemptions you can minimise your tax
bill however, this is not a way of avoiding paying tax. The rule
for claiming expenses is "that an employee or office holder may
deduct expenses incurred wholly, exclusively and necessarily in
performing their duties", you must be able to prove that the
expenses you claim relate to your current contract.
There are two types of expenses - chargeable and
non-chargeable. Chargeable expenses are any costs that the
agency/client has agreed to reimburse to you. Chargeable expenses
will usually be invoiced through your Umbrella Company and will
require an expense form, signed by the client, to support the
claim. Non-chargeable expenses are
the 'out-of-pocket' costs that you have incurred as a direct result
of the contract. These costs will need to be submitted on an
expense claim form to your Umbrella Company so they can be
processed as a tax benefit when you are paid.
How Do Expenses Work?
Your non-chargeable expenses are processed as a tax
benefit and help reduce your tax liability. As an example, if you
have £1000.00 gross and £200.00 expenses, your taxable income would
be £800.00. You do not receive the full value of your
non-chargeable expenses back as many first time contractors
believe. They are offset against your taxable pay and you receive
part of the cost back, according to the tax rate applied to your
income. As a rough guide for every £100 of
non-chargeable expenses claimed though the umbrella company £40
will be paid to the contractor in tax
savings. Your chargeable expenses
are added to your invoice value and are reimbursed by your agency
who in turn bill the end client. You therefore receive the full
value of the expense back.
Brief Summary of Allowable
Expenses
Travel
Secondary accommodation costs
Additional meal costs
Personal Incidental Expenses (PIEs)
Protective Clothing
Training
Eye Tests
Professional Subscriptions
Equipment
Insurances
Working from home
Pension Contributions
Charitable
donations
Do I Need Receipts?
As mentioned previously, it is incredibly important
that you retain receipts for everything that you claim. If HMRC
decide to investigate you, they would want to see evidence that you
have incurred the costs that you have claimed.
How Long Do I Need to Keep
Receipts?
The HMRC investigation window is 5 years so
your accounts could be looked into at any point within this
timeframe. You must therefore keep all relevant paperwork safe for
at least 5 years after the 31st January deadline of the
tax year in question.
What Happens if I Don't Have
Receipts?
If you are investigated and you do not have
receipts to support your claims, you will find yourself in a lot of
trouble. You would be made to pay back any underpaid tax, a fine of
similar value and interest for the time you have held onto the
additional funds. Worst-case scenario - you could be prosecuted for
tax evasion!
When Can't I Claim Expenses?
A workplace is deemed as a temporary site
providing your attendance lasts no longer than 24
months. After 24 months a workplace is viewed more as a
permanent site, and if you spend 40% or more of your time at the
same site, you are no longer able to claim travel between home and
that place or accommodation expenses.
If you have secured a contract between two permanent roles
i.e. a permanent role has already been sourced or the contract is a
secondary income, expense claims for travel and subsistence are not
permitted. Travel and subsistence claims are only permitted when
you are working at a temporary location; a single contract, however
short term, would be classified as a permanent
location.
What Expenses Can I
Claim?
- Travel
You can claim the cost of travel to and from your temporary place
of work. Mileage rates are 40p per mile for the first 10,000 miles
in any fiscal tax year (For example 6th April 2008 to
April 5th 2009) and then 25p per mile thereafter. This
allowance is to cover fuel and running costs of the vehicle e.g.
road tax, insurance, servicing and depreciation, therefore
additional claims for maintenance, repair and loan interest are not
permitted. If you are charging
mileage to the agency/client, you can also claim the difference
between the agreed amount and the 40p per mile allowance. For
example if you are charging 25p per mile you can also claim 15p per
mile as non-chargeable mileage. If
you are travelling to work as a passenger in a car you are entitled
to claim 5p per mile. You can also
claim for parking, toll and congestion charges but you may not
claim for parking or speeding fines.
The cost of travel by public transport
can be claimed but you must have a valid receipt or ticket. If you
choose to pay extra and travel by first class, you can still claim
the full cost of the ticket. A
mileage allowance can also be claimed for travel by motorcycle and
bicycle at rates of 24p per mile and 20p per mile
respectively. The cost of car hire
can be claimed as an expense, as well as the mileage covered in it.
You would however need to keep all the relevant paperwork to prove
the cost was incurred should it be
required. Travel to an interview
cannot be claimed. The contract must have been secured and started
for you to be able to begin claiming expenses. If, however, the
contract stipulates that you must attend a training course before
the start of the contract, you could claim your travel
costs.
- Secondary Accommodation
Costs
The receipted cost of hotel or bed and breakfast accommodation can
be claimed as an expense, if you are living too far away from the
client site to travel from home each day. In the same way as first
class travel, if you choose to stay in 5 star accommodation, you
can still claim the full cost of the
bill. If you are renting a
secondary property, so you are closer to the client's site, you can
claim the rental costs as an expense. If you are renting out your
primary residence whilst on contract, the rented property isn't a
secondary cost and therefore can't be claimed as an
expense. You can also claim
secondary utility bills from the rented property. The council tax
bill, for example is classed as a secondary cost because you would
have to pay this on both properties.
Your electricity/gas/water bill would only be classed as a
secondary cost if your family remains in your primary residence
whilst you are staying in the rented property. If your primary
residence remains empty whilst you are in the rented property, your
gas/electricity/water costs from the rented property wouldn't be
classed as secondary costs. Other
utility bills such as television license, contents insurance etc
cannot be claimed as an expense because it would be your personal
choice to spend out on these items.
Reasonable contributions for staying with friends or family
can be claimed; you can claim £25 per night as a
friends and family allowance. You will need to provide your
Umbrella Company with the name, address and telephone number of the
place where you stayed and the relevant date.
You would however be expected to prove
you have actually incurred these costs so it is advisable to ask
for receipts. Please be aware that your friends or family could
potentially be liable for tax on these contributions if HMRC
investigate your accounts.
- Additional meal
costs
The reasonable cost of additional meals incurred in
conjunction with an overnight stay at a hotel or B&B bill can
be claimed as an expense. If breakfast and/or dinner is not
included on the accommodation bill, you can claim the receipted
costs for these meals. Meal Costs
not relating to an overnight stay at a temporary workplace is not
allowable as a tax deductible expense. The 'duality of purpose'
argument here is that you are expected to 'eat to live' and not
'eat to work'. These are the accepted amounts HMRC will accept for
meal costs during an over night stay:
• Up to £5 per day if you work more than 5 but less than 7 hours
per day (excluding travel time and lunch
breaks)
• Up to £9.50 per day if you work more than 7 but less
than 10 hours per day (including travel time and excluding lunch
breaks)
• Up to £15 per day if you work more
than 10 hours per day (including travel time and excluding lunch
breaks)
Receipts for subsistence do need to be kept to
support your claim. Please note that you can only claim the exact
amount that you have actually incurred on your meal costs, not a
round sum of £5, £9.50 or £15 per day.
If you are working extended hours e.g. you are contracted for
8 hours per day and circumstances mean that you work for 12 hours,
it would not be unreasonable to claim the cost of an evening meal
as an expense. However, if you are contracted to work 12 hours per
day and work only those hours the cost of meals would not be
allowable. If you are staying in
rented accommodation, you cannot claim for meal costs. It is HMRC's
belief that you can shop, prepare and cook your meal as though you
were at home - these are therefore not additional costs and can't
be claimed. Entertainment costs
cannot be claimed for taking clients or potential clients out to
dinner.
- Personal Incidental Expenses
(PIEs)
You are entitled to claim £5.00 for each night spent away
from home during the course of the contract e.g. the
cost of a morning newspaper or telephone calls home.
£10.00 per night can be claimed if you are working overseas.
We would still recommend keeping receipts for PIEs just to be
safe.
- Protective
Clothing
The cost of protective clothing that is worn to
protect your everyday clothes can be claimed as an expense.
Clothing required for the performance of your contract, that could
not reasonably worn outside of work can also be claimed. You cannot
claim for ordinary clothing which would form part of an 'every day'
wardrobe even if you would not be likely to wear your working
clothes anywhere other than at work. You also cannot claim for the
costs dry-cleaning or alterations.
- Training
According to Inland Revenue legislation an expense
cannot be deducted under the general rule for employees' expenses
in Section 336 ITEPA 2003 unless it is incurred "in the performance
of the duties of the office or employment". This means that the
training course must be wholly and totally relevant to the
performance of your duties under your existing contract.
- Eye Tests
If you are required to use a computer as part of your
everyday duties you can claim the cost of an eye test. If it can be
proven that you also will need glasses or contact lenses purely for
the work undertaken at the computer then this cost can also be
claimed.
- Professional
Subscriptions
Subscriptions to professional and trade associations are
allowable as a business expense where the membership to such bodies
is relevant to the duties of the employment and where HMRC
recognise such subscriptions as being income tax deductible.
Further information can be found on the HMRC
website.
- Equipment
Claims for equipment must be supported by evidence
that they are specifically required for your current contract and
that the equipment is wholly necessary for you to perform the
assignment. Any general pieces of equipment for your role as a
contractor or 'nice to haves' are not permitted by HMRC.
- Insurances
If you are required to hold Professional Indemnity
insurance for your contract, you can claim the cost for cover as an
expense.
- Working from
home
You can claim £3 per week working from home this is
to cover the cost of Heating, lighting, internet usage etc. No
receipts are required.
- Pension
Contributions
Pensions are big news as they represent one of the
few remaining tax breaks available to contractors. You can invest
part of your income into our pension scheme and we process this as
a tax benefit for you. You save not only the income tax that would
ordinarily be payable but due to the pension contribution, your
employers and employees national insurance contributions are lower
than they would have been. The amount of tax relief can be as much
as 48% meaning that for each £100 invested you pay £52 and the tax
man pays the rest. For further information on pensions visit
Financial Resources.
- Charitable
Donations
Payroll giving is a scheme that allows you to make a
flexible donation to any UK charity from your gross salary. This
means you get immediate tax relief on your donation whilst
contributing to a good cause.
- Umbrella Company
Fees
These will usually be processed as a tax benefit
automatically so you do not need to claim
these.
Summary
It is important to remember that claiming for expenses
that you have not incurred would be viewed by the Inland Revenue as
tax evasion. Please remember that
expenses are not a way to avoid tax and everything you claim must
be supported by receipts. If you are unsure if an expense is
allowable check with your umbrella company.
Further reading
Can I claim expenses from a previous tax year?
Contractors beware - not all umbrella companies are the
same!