Government proposes banning tax relief on travel expenses for workers employed by umbrellas

The government has released more details on the measures it plans to take to claw back lost income tax associated with temporary workers operating via umbrella companies and claiming tax deductable expenses.
Wed, 17 Dec 2014 | By Nicola Sullivan The government has released more details on the measures it plans to take to claw back lost income tax associated with temporary workers operating via umbrella companies and claiming tax deductable expenses.

In its discussion paper ‘Employment Intermediaries: Temporary workers – relief for travel and subsistence expenses’, published yesterday (16 December), the government outlined a number of possible options to ensure tax rules are not exploited.

It stated that the income tax and National Insurance Contributions (NICs) avoided through the use of an overarching contract of employment operated by umbrella companies is around £400m a year.

One option would be to introduce legislation to ban workers engaged on this sort of contract by an employment intermediary or umbrella from claiming tax relief for travel, and associated subsistence, from their home to the client’s workplace. This ban would not affect the position of workers who are directly employed by employers for short periods of time.

Julia Kermode, chief executive of the Freelancer and Contractor Services Association (FCSA) told Recruiter that such a measure could create inequality: “Effectively they are looking to stop tax deductible travel expenses for people on overarching contracts going to a temporary workplace. They will be creating inequality potentially because those of us on permanent contracts can claim tax deductible expenses if we are sent to a temporary workplace.”

Alternatively, the government would restrict the availability of tax relief on expenses incurred travelling from home to the workplace for individuals employed by overarching contracts of employment. 

In a press statement, Rob Crossland, founder and CEO of Parasol, said: “The tone of the document [discussion paper] is on the whole sensible, proportionate and rationale. Any changes to travel expenses for professional contractors who choose an employed solution must be too.”

The measures outlined in the discussion paper form part of the government’s review of the overarching contracts of employment intermediaries such as umbrella companies, which was announced in the Autumn Statement.

The government believes that these arrangements enable workers to obtain tax relief for home-to-work travel that would not ordinarily be available. It plans to claw back £120m income revenue from salary sacrifice arrangements and expenses, including those associated workers operating through umbrella companies.

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