EIM31659 – The general rule for employees’ expenses: effect of reimbursement: reimbursement not claimed
Section 72(2) and Section 334 ITEPA 2003
Effect of reimbursement
In most cases, the fact that an employee receives, or may be
entitled to receive a reimbursement of their expenses does not
affect their entitlement to relief for those expenses under
Sections 336-338 ITEPA 2003.
Most employees are taxable on any reimbursed expenses under
Section 72(1), and Section 72(2) says that the taxation of those
reimbursements does not prevent the making of a deduction under any
of the expenses provisions. Similarly, Section 334(1) says that a
person may be regarded as paying an amount despite its
reimbursement, or any other payment from another person in respect
of the amount.
However, there are a number of situations where reimbursed
expenses are not subject to tax. These include:
- reimbursements made to employees who are not within the benefits code because they are in lower paid employment
- payments for which the employer has been given a dispensation under Section 65 (see EIM30050 onwards).
- payments made under the terms of a Working Rule Agreement (see EIM71300 onwards)
If an employee receives a reimbursement, or other payment, in respect of expenses which is not taxed, whether for one of those reasons or otherwise, the untaxed amount must be deducted from the amount otherwise deductible under Sections 336-338 (see Section 334(2)).
Reimbursement not claimed
Reimbursements that an employee has not received do not affect their entitlement to relief. There are no grounds on which you can refuse relief to an employee who has incurred and paid allowable expenses, and who has for whatever reason refrained from claiming reimbursement from their employer. If reimbursement is subsequently received it will be taxed in full under Section 72. Section 330 prevents a double deduction.
