Asking employer to pay for travel costs?
Asking employer to pay for travel costs?
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Discussion

artois7

Original Poster:

64 posts

105 months

Sunday 5th January 2020
quotequote all
Hi all,

Just a hypothetical, food for thought type question. Not found the right combination of words on google yet to get me an answer!

The train between where I am and London is around £9000 per year.

If an employee was to request £10k less in salary with a clause in the contract that would allow for upto £10k in travel expenses to be claimed per year, would this be even legal / doable? Dropping £10k in salary (well into the 40% bracket) but not paying for travel would increase takehome by around £400 in this scenario (ignoring pension contributions), and it would save the employer money in pensions and NICs.

Thoughts? Chances are I've oversimplified this and there's a bunch of stuff I haven't considered.

Edited by artois7 on Sunday 5th January 19:54

Soft Top

1,493 posts

247 months

Sunday 5th January 2020
quotequote all
Nope. Travel to and from the usual place of work is not a travel expense. It would be taxable so you pay the same either way. Sorry!

artois7

Original Poster:

64 posts

105 months

Sunday 5th January 2020
quotequote all
Soft Top said:
Nope. Travel to and from the usual place of work is not a travel expense. It would be taxable so you pay the same either way. Sorry!
If your place of work is your house and you travel to the office a couple times a week, does that change?

Soft Top

1,493 posts

247 months

Sunday 5th January 2020
quotequote all
artois7 said:
Soft Top said:
Nope. Travel to and from the usual place of work is not a travel expense. It would be taxable so you pay the same either way. Sorry!
If your place of work is your house and you travel to the office a couple times a week, does that change?
Unfortunately probably not. A couple of times a week is going to be considered a usual place of work. Some details here might help:

https://www.moorestephens.co.uk/MediaLibsAndFiles/...

Sir Bagalot

7,089 posts

210 months

Monday 6th January 2020
quotequote all
I knew of a close family member that once worked for a financial advisers.

They could claim £1K pcm on expenses no receipts needed. Everyone knew it was a tax dodge.

The fun really started when redundancies happened.

Countdown

49,390 posts

225 months

Monday 6th January 2020
quotequote all
Sir Bagalot said:
I knew of a close family member that once worked for a financial advisers.

They could claim £1K pcm on expenses no receipts needed. Everyone knew it was a tax dodge.

The fun really started when redundancies happened.
£1k pcm EVERY month?

The only way they could claim it without receipts would be if it was mileage and (back of a fag packet) they’d need to be doing 600+ miles a week every week to be able to claim that. It seems a stupid way of giving them £1k tax free, it would have been far easier to just give them the money in cash.

Sir Bagalot

7,089 posts

210 months

Tuesday 7th January 2020
quotequote all
Countdown said:
Sir Bagalot said:
I knew of a close family member that once worked for a financial advisers.

They could claim £1K pcm on expenses no receipts needed. Everyone knew it was a tax dodge.

The fun really started when redundancies happened.
£1k pcm EVERY month?

The only way they could claim it without receipts would be if it was mileage and (back of a fag packet) they’d need to be doing 600+ miles a week every week to be able to claim that. It seems a stupid way of giving them £1k tax free, it would have been far easier to just give them the money in cash.
They were a financial advisers. I'm sure they were handy creating receipts

Countdown

49,390 posts

225 months

Tuesday 7th January 2020
quotequote all
Sir Bagalot said:
They were a financial advisers. I'm sure they were handy creating receipts
I would love to know how anybody could create £1,000 of fictitious travel receipts a month, every month.

And also WHY they would bother doing that when it’s much easier to pay people in cash confused

Marcellus

7,204 posts

248 months

Tuesday 7th January 2020
quotequote all
The £1,000 doesn't have to be just travel, could be drinks, food, newspapers, parking etc etc..................... I used to be able to claim £50 a day when I was working in London, I was expected to have a car with me for work, parking on meters it all soon racks up!!

Countdown

49,390 posts

225 months

Tuesday 7th January 2020
quotequote all
Marcellus said:
The £1,000 doesn't have to be just travel, could be drinks, food, newspapers, parking etc etc..................... I used to be able to claim £50 a day when I was working in London, I was expected to have a car with me for work, parking on meters it all soon racks up!!
Yes, and you would have had legitimate receipts. Imagine the hassle of having to create fake receipts, all for multiple different expenses, different suppliers, fake VAT numbers just in case HMRC turned up.

Your average taxi driver/builder/odd job man isnt creating a bundle of fake receipts to avoid tax. They could, but they don’t need to, its easier to just get paid cash in hand.

NickXX

1,647 posts

247 months

Tuesday 7th January 2020
quotequote all
If you get to claim the £9,000 tax free, does someone living in Central London get to reclaim the tax on the mortgage interest that they pay in excess of yours?

Marcellus

7,204 posts

248 months

Tuesday 7th January 2020
quotequote all
Countdown said:
Yes, and you would have had legitimate receipts. Imagine the hassle of having to create fake receipts, all for multiple different expenses, different suppliers, fake VAT numbers just in case HMRC turned up.

Your average taxi driver/builder/odd job man isn't creating a bundle of fake receipts to avoid tax. They could, but they don’t need to, its easier to just get paid cash in hand.
Sorry should have been clearer, when I was working in London I only needed to provide receipts if I went over the £50 on a day!

chrisch77

890 posts

104 months

Tuesday 7th January 2020
quotequote all
OP, HMRC appear to have recently tried to clamp down on the contracted 'place of work' for employees to prevent such tax dodging via travel expenses.

There are a number of criteria they have published to define a legitimate 'home worker' for whom occasional travel to a work site can be expensed. One of the key things that HMRC try to insist is that workers cannot merely 'choose' to have a home office as their regular place of work; there has to be a legitimate business reason for them to be located away from the employer's site (e.g. a region specific job role), otherwise their contractual place of work should be the employer's site and travel expenses cannot be claimed.

I recently went through a saga at work when my employer tried to change my place of work....

Countdown

49,390 posts

225 months

Wednesday 8th January 2020
quotequote all
Marcellus said:
Countdown said:
Yes, and you would have had legitimate receipts. Imagine the hassle of having to create fake receipts, all for multiple different expenses, different suppliers, fake VAT numbers just in case HMRC turned up.

Your average taxi driver/builder/odd job man isn't creating a bundle of fake receipts to avoid tax. They could, but they don’t need to, its easier to just get paid cash in hand.
Sorry should have been clearer, when I was working in London I only needed to provide receipts if I went over the £50 on a day!
HMRC's limit for non-receipted expenses is £5/day. Anything over that needs to be receipted or the employer has to pay tax on it (or they put it on your P11d and you pay tax on it).

The situation you're describing is the same as Sir Bagalot - paying an Employee up to £1k a month "no questions asked". maybe I'm missing something but I cant see how that complies with HMRC rules....

Marcellus

7,204 posts

248 months

Wednesday 8th January 2020
quotequote all
Countdown said:
Marcellus said:
Countdown said:
Yes, and you would have had legitimate receipts. Imagine the hassle of having to create fake receipts, all for multiple different expenses, different suppliers, fake VAT numbers just in case HMRC turned up.

Your average taxi driver/builder/odd job man isn't creating a bundle of fake receipts to avoid tax. They could, but they don’t need to, its easier to just get paid cash in hand.
Sorry should have been clearer, when I was working in London I only needed to provide receipts if I went over the £50 on a day!
HMRC's limit for non-receipted expenses is £5/day. Anything over that needs to be receipted or the employer has to pay tax on it (or they put it on your P11d and you pay tax on it).

The situation you're describing is the same as Sir Bagalot - paying an Employee up to £1k a month "no questions asked". maybe I'm missing something but I cant see how that complies with HMRC rules....
Fair enough, rules have probably changed since but historically that's what I was allowed, but £5....... that would buy you less than half an hour on a meter parking in London, then when you buy a club/bar/restaurant/coffee shop owner a drink (often in their own club/bar/restaurant) you can't ask them for a receipt!

Not sure how the Company would cover it off with HMRC or if the rules have changed.

NDA

25,619 posts

254 months

Wednesday 8th January 2020
quotequote all
artois7 said:
Hi all,

Just a hypothetical, food for thought type question. Not found the right combination of words on google yet to get me an answer!

The train between where I am and London is around £9000 per year.

If an employee was to request £10k less in salary with a clause in the contract that would allow for upto £10k in travel expenses to be claimed per year, would this be even legal / doable? Dropping £10k in salary (well into the 40% bracket) but not paying for travel would increase takehome by around £400 in this scenario (ignoring pension contributions), and it would save the employer money in pensions and NICs.

Thoughts? Chances are I've oversimplified this and there's a bunch of stuff I haven't considered.
The answer is no for a whole host of reasons. But the company could offer interest free loans for season tickets - it what I used to offer.

artois7

Original Poster:

64 posts

105 months

Wednesday 8th January 2020
quotequote all
Answers are about as expected. Thanks all!