NIC Mileage Claim and Laing Orouke, Wilmott Dixon vs HMRC
Discussion
Hi,
Found out today my employer will be making adjustments to how car allowance and mileage reimbursement is paid. This is following the Laing O’Rourke and Wilmott Dixon vs HMRC case.
My employer has explained it very confusingly how it works, and following some research online it looks to relate to claiming NIC from unused tax allowance if paid a lower mileage rate than 45p.
Our mileage rate is based on HMRC advisory rates so well below 45p. I normally claim the tax difference back end of the year which is 40% at roughly 30p.
As this change relates to the unused tax free difference between paid rate and 45p, do I then lose being able to claim the full 40% of the difference like before?
Thanks!
Found out today my employer will be making adjustments to how car allowance and mileage reimbursement is paid. This is following the Laing O’Rourke and Wilmott Dixon vs HMRC case.
My employer has explained it very confusingly how it works, and following some research online it looks to relate to claiming NIC from unused tax allowance if paid a lower mileage rate than 45p.
Our mileage rate is based on HMRC advisory rates so well below 45p. I normally claim the tax difference back end of the year which is 40% at roughly 30p.
As this change relates to the unused tax free difference between paid rate and 45p, do I then lose being able to claim the full 40% of the difference like before?
Thanks!
The explanations aren't the clearest but I think you may be slightly better off
From what I can see and using suitable figures to make the sums simple
If you receive £500 per month car allowance and your salary takes you into the upper threshold even before the car allowance is added above then you will pay 2% Employees NI (£10)
If you then do 1000 business miles and your employer pays you 10p per mile you would have claimed £100 and could apply for a tax rebate of 40% (again assuming your highest rate of income tax) of £350 (£140)
I believe that the ruling states that £350 of the £500 car allowance should be free of EES NI, 2% of £350 is £7
I get a car allowance and recommended rates for mileage, I think I'm potentially down but not much as I only do a few thousand miles a year. Our expenses aren't paid as part of payroll either so a nightmare to work out
From what I can see and using suitable figures to make the sums simple
If you receive £500 per month car allowance and your salary takes you into the upper threshold even before the car allowance is added above then you will pay 2% Employees NI (£10)
If you then do 1000 business miles and your employer pays you 10p per mile you would have claimed £100 and could apply for a tax rebate of 40% (again assuming your highest rate of income tax) of £350 (£140)
I believe that the ruling states that £350 of the £500 car allowance should be free of EES NI, 2% of £350 is £7
I get a car allowance and recommended rates for mileage, I think I'm potentially down but not much as I only do a few thousand miles a year. Our expenses aren't paid as part of payroll either so a nightmare to work out
Edited by LastPoster on Thursday 21st March 19:10
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