EIM31815 - Travel expenses: general: accommodation and subsistence: include associated subsistence
Sections 337 to 339 ITEPA 2003
Travel expenses include the actual costs of travel and also the
subsistence expenditure and other associated costs that are
incurred as part of the cost of making the journey.
The cost of business travel includes
- the cost of any necessary subsistence costs incurred in the course of the journey
- the cost of meals necessarily purchased whilst an employee is at a temporary workplace.
If an overnight stay is needed then the cost of the
accommodation and any necessary meals is part of the cost of
business travel. Even where an employee stays away for some time
and the travel expenses are deductible, the cost of meals and
accommodation is part of the overall cost of the business travel,
see example
EIM31816.
To qualify for a deduction the subsistence costs must be
attributable to the business travel in the sense that they are
costs incurred in the course of the journey that are additional to
any costs that the employee would incur if it were not for the
business travel. You will need to make sure that the costs are
genuinely attributable to the business travel and not attributable
to something else, as in example
EIM31817 or example
EIM31818.
You should exclude costs incurred as a consequence of the
travel that are not incurred in travelling but result from the
circumstances of the employee, for example the cost of putting a
pet dog in kennels while away from home.
Once it is accepted that the employee has incurred allowable
subsistence expenses you do not need to take into account the costs
saved as a result of the business travel. For example, if the
employee needs to eat in a restaurant while on a business trip you
can permit a deduction for the full cost of the meal and should not
make any adjustment for the costs saved by not eating at home.
There is guidance at
EIM31835 onward about the action to be
taken where you consider that payments for accommodation,
subsistence or other expenditure attributable to business travel
are unduly lavish.
Where relief for business travel is given at statutory
mileage allowance relief rates and not for actual costs (see
EIM31200 onwards) this does not prevent
relief for subsistence and accommodation costs. Mileage allowance
relief applies to the costs of using the employee's own vehicle and
does not prevent relief for additional costs attributable to
business travel that are not costs of using that vehicle.
