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IR35 to the rescue!

03 October 2001
Issue: 3827 / Categories: Forum & Feedback , IR35
I have recently started acting for a kitchen installer who is a labour-only subcontractor. He works exclusively for a house builder operating in Central Scotland. The client travels about 80 miles per day to and from home to the various sites. The time spent on each site only amounts to a few months.

The previous agent made a claim for motor expenses on the client's tax return representing the cost of travel from home to the sites. I am concerned that this is wrong as the client does not have a business address in the form of an office or supply any equipment other than a few loose tools.

Would there be any advantage if the subcontractor formed his own personal service company and claimed a mileage allowance on fixed profit car scheme rates? Even if IR35 applied the reduction in profit by applying the mileage rates would make this worthwhile.

(Query T15 885) – The wanderer.

 

 

There does not seem to be any particular advantage here in forming a personal service company. The expenditure should be allowable anyway whether the taxpayer is employed or self employed. The relevant matter...

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