Contracting rates and take home pay

Contracting rates and take home pay

Author
Discussion

JonRB

74,891 posts

274 months

Tuesday 16th January 2007
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Eric Mc said:
Claim what?

Mileage expenses, presumably.

Eric Mc

122,195 posts

267 months

Tuesday 16th January 2007
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If that is what was meant, the important factor is "the main place of work". If he is virtually permanently assigned to a particular location, then that become the main place of work and travel to and from that location becomes the "normal commute" - and is NOT claimable.

workshy fop

757 posts

269 months

Tuesday 16th January 2007
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Haven't you got 2 years before it's deemed to be your permanent place of work?

Eric Mc

122,195 posts

267 months

Tuesday 16th January 2007
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I don't think that is enshrined in law. It is just a yardstick used by the Revenue and they can ignore it at their discretion.

JonRB

74,891 posts

274 months

Tuesday 16th January 2007
quotequote all
Eric Mc said:
workshy fop said:
Haven't you got 2 years before it's deemed to be your permanent place of work?
I don't think that is enshrined in law. It is just a yardstick used by the Revenue and they can ignore it at their discretion.

Interesting. I thought the "24 month rule" was actually a rule (the confusion in my mind coming from the name) rather than just a guideline. I stand corrected.

My understanding was that you were ok up until the point that your contract becomes clear that it is going to exceed 24 months (ie. if you've been there 6 months and you accept an 18 month extension, or indeed you've been there 23 months and they offer you a 3 month extension, or whatever) at which point not only do you have to stop claiming travel but you have to give back everything you've claimed so far.

Is that right, Eric?



Edited by JonRB on Tuesday 16th January 12:39

Eric Mc

122,195 posts

267 months

Tuesday 16th January 2007
quotequote all
I am not sure either. It is termed a "Rule" but I have never seen any reference to a Section of the Taxes Act that actually covers this practice.

A further clarification as to what the Revenue mean by "The 24 Month Rule" is quoted in Tolley's Tax Guide as follows:

"Site based employees with no permanent workplace are allowed the cost of travelling to and from home (unless the job at the site is expected to last for more than 24 months, in which case ithe site counts as a permanent workplace).

The 24-Month Rule does not cover the position of someone whose employment, as distinct from temporary place of work, is expected to last 24 months or less."

I would emphasise the use of the word "expected". If, from day 1 you knew that the contract was for a period longer than 24 months, you can NEVER claim back the travel costs. You can't claim them for 24 months and then stop at the beginning of month 25.


Edited by Eric Mc on Tuesday 16th January 13:09

emicen

8,603 posts

220 months

Tuesday 16th January 2007
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So on a 12 month contract it could be argued it is not a permanent place of work?

greg_D

6,542 posts

248 months

Thursday 18th January 2007
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emicen said:
So on a 12 month contract it could be argued it is not a permanent place of work?


you need to check your industry specifically.

HMRC arbitrarily decided a little while ago that Supply teachers (the industry i recruit for) were always "permanently" employed however short the tenure at a school (even half a day, once)

It is therefore impossible to be a "temporary" supply teacher, when employed by an agency.

Madness

Greg

robborover

2 posts

197 months

Saturday 19th January 2008
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emicen said:
So on a 12 month contract it could be argued it is not a permanent place of work?
Assuming the point above in industry then you are correct

Gemsbok1000

1,922 posts

206 months

Saturday 19th January 2008
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robborover said:
emicen said:
So on a 12 month contract it could be argued it is not a permanent place of work?
Assuming the point above in industry then you are correct
Are the dates on this thread correct or are you confirming a point made a year ago?!?!? wink

Olf

11,974 posts

220 months

Saturday 19th January 2008
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Holy thread resurrection batman. And all that.