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Sam
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Category: Tax
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Dear Sirs,I work for G4S secure solutions, zero hour contract,

Resolved Question:

Dear Sirs,

I work for G4S secure solutions, zero hour contract, security steward, recruitment, close protection etc. This job involves travelling to different venues, sites. I have no base as such. In short if I don't drive to the venue, place of employment, I don't get paid. I filled in a P85, employee expenses [HMRC].

I want to clarify if I am entitle to travel expenses, and any other reasonable expenses. I don't claim mileage from G4S direct.
Submitted: 3 years ago.
Category: Tax
Expert:  ben.jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What does your contract say about your expenses?

Customer:

I have never seen a contract.

Customer:

It is a zero hour contract G4S Events.

Customer:

But I have a varied role, they offer me work on, and I confirm yes or no.

Customer:

I just want to clarify if I can claim mileage back from HMRC.

Customer:

I filled in a P87 and sent direct to HMRC, claiming mileage one way.

Customer:

and put in for uniform, cleaning costs etc. I have to be smart for work, and wear a G4S uniform/suit.

Customer:

But I travel to different sites, events. I do not have one place of employment.

Ben Jones :

this is more of a tax quesiton so I have moved it to the correct category for you - someone will eventually reply but please do not respond in the meantime as it will lock the question for me again, thanks

Expert:  Sam replied 3 years ago.

Hi

 

Thanks for your question

 

It would appear that varied travel is your normal pattern of work, so to establish this please advise

1) Do you work within an area (say the south east, or a country)

2) Have you asked your employer why mileage isnt paid?

 

Thanks

 

Sam

 

Customer: replied 3 years ago.

Hi Ben I know you are reviewing one of my questions, the form I filled in was a P87, not a P85 [value of £ 1700.

Expert:  Sam replied 3 years ago.

Hi

 

Ben advised he had opted out and transferred your question to UK tax. I am one of the expert for UK tax, and have asked you

It would appear that varied travel is your normal pattern of work, so to establish this please advise

1) Do you work within an area (say the south east, or a country)

2) Have you asked your employer why mileage isnt paid?

 

Can you advise the position please

 

Thanks


Sam

Customer: replied 3 years ago.

Hi I generally work in the Northwest of England.


 


I do not claim direct from my employer as although I work for a large company, certain jobs have a specific department, and they only pay 40 per mile.

Expert:  Sam replied 3 years ago.

Hi

 

Then you work an area, which suggests that you do not incur business mileage, and furthermore, the fact that this large company, do not pay you business mileage for the work you undertake, yet pay mileage for other departments, suggests its becuase you do not fit the remit to be paid this entitlement, or be due tax relief on payments made.

 

But one point you state that certain jobs have specific departments and then also state that 40p a mile is paid, can you eloborate on this, incase I am misreading the information you have provided, re mileage you undertake.

 

Thanks


Sam

Customer: replied 3 years ago.

Hi this company is not as efficient as one might think. I have claimed mileage when doing recruitment yet have never claimed when doing work in a different role. I can work anywhere from scotland to birmingham to formula one irelabd g8 cardiff. I go where the work is.

Customer: replied 3 years ago.

The point is when i work for recruitment g4 i get mileage.

Expert:  Sam replied 3 years ago.

Hi

 

Thanks for your response

 

First you need to realise that HMRC are not a subsitute for your employer when making mileage claims, you should seek to be reimbursed by the employer first and foremost, and if they then operate a policy of NOT paying mileage, when it is clearly due, then you make a claim to HMRC (or claim the shortfall when less than 45p a mile is paid for the first 10,000 miles, when using your own car) So I would seek a claim from your employer first (and this will identify also whether they deem this to be business mileage from their point of view) and this is especially important as you have no employment contract (which by law you should do- unless this is agency work rather than employment, and you can pick and choose which work offers you take up.

 

Mileage paid for recuitment is clearly a journey which is over and above your usual remit, so I agree that business mileage would be due then.

 

And you take on work that is all over the UK, then usually travelling appointments would allow for such a claim, but as your work role is one that would always see you travelling all over, its then a question of whether you can only be reimbursed for travel outside of your "area" and again this is a question that your employer has to advise on (again in the absence of an employment contract)

 

Perhaps when you have a clear answer from the employer, as to whether they would have paid this mileage tax free, had you made appropriate claims, then you advise me, and I can give you an accurate answer.

 

Thanks

 

Sam

Customer: replied 3 years ago.

Thanks I will speak to my employer.then get back

Expert:  Sam replied 3 years ago.

Thats wonderful

 

Thanks


Sam

Customer: replied 3 years ago.

Hi i spoke to my line manager who has informed that i can claim mileage when doing recruitment but not for any other jobs. I know that other employees who work events say that at the end of the year they fill in a p87 and claim mileage that way.

Expert:  Sam replied 3 years ago.

Hi

 

Thanks for your response

 

Then there you have the answer, this mileage is not treated as business mileage and there is a high probability that there is no valid claim, and as for the other workers, they maybe making a fraudulent claim to HMRC, and will face tax due to be repaid back to HMRC along with interest and penalties when this claims are identified.

 

HMRC tend to accept claims at face value, and do not look closely at or even request employment contracts (where present) or check with the relevent employers, and this is where huge tax bills often arise from.

 

However, I would advise that you write to HMRC and state

1) You have no employment contract

2) That your job sees you working all over the country but also advise the business area you are usually responsible for.

3) That the employer does not pay business mileage for this travel

4) Whether due to the duties of your employment whether a valid claim is due, as you have out of pocket expenses over and above the normal employee costs.

 

I feel there is a claim, but it may be that it applies to travel outside of your "area" at th every least, but most employers are fairly ontop of which mileage constitutes a valid claim, but you have already advised that this employer is not as efficient as some others are.

 

I would quote the Employment Income manual http://www.hmrc.gov.uk/manuals/eimanual/EIM32368.htm

and ask for clarification.

 

Or make a claim but just claim for mileage outside of your area boundary.

 

I know this is not a full and complete answer, but the work you do, automatically was going to involve travel all over the country, and due to that reason, I can give an opinion that could be held up and argued with HMRC, but as we are just an advisory service and not acting on your behalf, with a client relationship, you need to satisfy yourself that any claim you make is valid.

 

If they agree there is a claim there, and what travel it covers, then you are also then entitled to subsitance, for any overnight stays, and food (as long as its of a reasonable cost)

 

Mark your letter and envelope to HMRC c/o of the Technical team, and use your usual tax office address to post to.

 

It would be appreciated if you rate the level of service I have provided, as this ensures I am paid.

 

Thanks

 

Sam

Sam, Accountant
Category: Tax
Satisfied Customers: 13657
Experience: 26 HMRC expertise, PAYE, Self Assessment ,Residency, Rental Income, Capital Gains, CIS ask for Sam Tax
Sam and 2 other Tax Specialists are ready to help you
Customer: replied 3 years ago.

Hi


 


Thank you for response, what you say makes total sense. I sought the advice of a professional, as the guys who claim that they have made and received these expenses are not fully trained, time served tax experts. Talk is cheap, but show me the money......


 


I will of course contact the technical team, if I hit any roadblocks. I want to operate in a proper legal framework, but I am sure HMRC, will come good.


 


Thanks


 


Vinny

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