Employee travel expenses

Posted on 12 April 2010 by Comments (8)

I mentioned earlier that travel is quite a tickly area for expenses, so here’s a whole article just about travel.

Why is travel a complicated area?

Because the distinction between when a journey is “business” and when it’s “private” can get incredibly blurred.

And if an employer pays for an employee’s private travel, there’ll almost inevitably be extra tax and/or NIC to pay.

It’s important to note here that “business travel” can include:

  • The transport costs, e.g. train fare, air fare, taxi fare
  • Subsistence costs that are incurred while the employee is travelling, e.g. a meal at the airport, or a cup of coffee and a pastry at the station Caffe Ritazza
  • Accommodation, if the travel needs an overnight stay

HM Revenue won’t restrict the claim to the cheapest form of travel or accommodation available. So it’s OK to claim for a plane ticket as opposed to a coach ticket. Many employers may make rules about what they’ll pay for, for example that they’ll pay for standard-class train tickets rather than first-class tickets, but HM Revenue aren’t that mean!

HM Revenue treat business mileage travelled in an employee’s own car slightly differently to other travel. So long as the mileage reimbursement is equal to, or less than, HM Revenue’s approved mileage payments, the employer doesn’t even have to report that mileage on form P11D far less pay any extra tax or NIC.

But just what is “business travel”?

Here’s a summary of the rules for when a journey qualifies as “business” and when it doesn’t.

“What counts as business travel?”

HM Revenue say in summary:

Business travel only covers the following two types of journey:

  • journeys forming part of an employee's employment duties (such as journeys between appointments by a service engineer or to external meetings)
  • journeys related to an employee's attendance at a temporary workplace

They also provide a detailed factsheet.

In brief:

No relief for ordinary commuting

If an employer reimburses an employee for what HM Revenue call “ordinary commuting”, then both the employer and employee will have more money to pay over to HM Revenue in tax and/or NIC.

“Ordinary commuting”, according to HM Revenue, is:

“Any travel between a permanent workplace and home, or any other place which is not a workplace.”

Travel between two workplaces is business travel.

But any travel between the permanent workplace and an employee’s home, or somewhere else the employee visits for non-work reasons (and non-work includes the employee doing another job for another employer) is not business travel.

“Travel”, includes subsistence and accommodation as above.

And “any travel” really does mean any travel, even when you think it might be OK.

For example, if I stay over in Edinburgh on a weeknight because Ed asks me to attend a meeting which is due to start early the following morning, earlier than I could arrive on the first train from my home-town, Carlisle - I can’t claim the cost of my hotel stay, because it still counts as ordinary commuting. It doesn’t matter that my employer has asked me to stay.

Even a late-night journey to work to switch off a ringing burglar alarm would still be ordinary commuting.

Ow!

There are only a few limited exceptions, like some late-night taxis home.

What isn’t a permanent workplace

HM Revenue look at how much of an employee’s time is spent at a particular workplace and whether they’re regularly there. So somewhere an employee goes once a week is nearly always still a permanent workplace.

A workplace becomes a temporary workplace if the employee goes there only for a short-term task. Travel to and from a temporary workplace is business travel, not ordinary commuting.

The employee can still go there on more than one occasion, if the task isn’t going to be long-term.

By definition from HM Revenue, if the task is going to last more than 24 months and the employee is going to spend more than 40% of their time on site, the workplace where the task is carried out becomes permanent.

When an employee works from home

If the employee works from home simply because it’s convenient for them to do so, then any home-to-work journeys are ordinary commuting.

But if the employee works from home because the job requires them to, e.g. the employer doesn’t provide the necessary facilities on site, then “home” becomes a workplace, and travel to other workplaces becomes business travel.

 

So you can see there are a lot of complications. Do check HM Revenue's website carefully and ask your accountant if you're in any doubt.

Disclaimer: This article is no substitute for professional advice for your specific situation.

Over to you...

Charles Verrier, Mon April 12, 2010
and, as a freelancer, my travel to a client (even where the contract involves regular travel over a period of months) still counts as work travel because my 'office' is at home so I'm travelling from my office to my client's office.

I assume this falls under the usual IR35 tests of 'employment'. If IR35 says I'm not an employee, then it also means my travel cannot be regular work commuting.
Mike Wilson, Mon April 12, 2010
In some ways I'm similar to you, Charles. However I don't travel much (perhaps once every couple of weeks on average) - saves resources for both us and clients.

With regard to IR35, I'd be careful about saying that being outside of IR35 automatically causes regular travel to a single fixed place of work to be non-commuting. IR35 isn't a rule or regulation in and of itself but comprises of a series of tests; direction & control, substitution, mutuality of obligation and such all contribute indicators towards or against being caught by IR35.

My understanding is that it is quite possible that HMRC will consider regular travel to a single place of work (even a client site) as commuting - especially if this takes up the large proportion of total travel. This applies even if you are also outside of IR35.

I am not a lawyer or accountant and your mileage may vary (pun intended).
Mr J Ovington, Wed September 29, 2010
Hi there,i am currently working away from home and my employer is paying me lodge only but no travel expences. Is there any way i can claim it back somehow. Can you please help in anyway?


Kind Regards

Mr J Ovington
emily, Wed September 29, 2010
Hi there,

You may be able to get tax relief on these travel expenses. I would suggest you talk to your local tax office, or to your accountant if you have one, for more information.

Kind regards,

Emily
Dee, Wed October 13, 2010
I understand its personal mileage when I travel from home to my normal place of work (40 miles round trip). However, if I am required to go from Home to client site this is Business mileage - but do I need to deduct the 40 miles as personal mileage?
Linda, Sun November 07, 2010
I have been based from 'home' and have been claiming travel from my employer as I visit different sites each day, my company are now telling me that they will have to base me at a site as I cannot claim mileage from home. I do not spend over 40% of my time at any one site Like Dee I would like to know if I am based at one site and then travel to the other sites am I expected to deduct the mileage from the permanent base (62 mile round trip)?
Nicky Morphet, Thu January 06, 2011
My contract states that I have an office base which is 22 miles from my home. My employer books 3 visits a day to different clients for me to visit, and then I return home to complete reports etc. The reason we work from home is that it is convenient for my employer to have us based around our county. They have now decided that we cannot claim mileage or time, to and from our first and last visit. However, there are only 6 desks available for 13 staff. Working from the office is not practicable for them or us, but we are not homeworkers we are mobile workers, classed as spending little time at our base. How can they deduct time and mileage when they are making us work this way.
emily, Wed June 01, 2011
Dee, Linda and Nicky, my apologies for the very slow reply!

Dee: The honest answer is it would depend on where the client site is in relation to your office and your home. If it's between the office and your home, you'd be out of luck and couldn't claim anything. If it's the other side of your workplace, you'd have to deduct 40 miles for home-office - and if it's in the opposite direction, I think you could claim the full amount.

Linda: Would you be based at any one of the sites?

Nicky: That would be something you would need to take up with your employer - what I cover here is what you can or can't claim tax relief on from HM Revenue. Unfortunately I can't comment on what your employer allows you to claim from them.

Kind regards and apologies again for the late answer,

Emily
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