EIM35003 - Travelling expenses: employees working but not domiciled in the United Kingdom: expenses that may be deducted: example
An employee who is domiciled in France is sent by his employer to work in the United Kingdom for 6 months. He has not worked previously in the United Kingdom. The employer pays the travel expenses of the employee and his wife and pays for their accommodation or subsistence while they are in the United Kingdom.
Some of the expenses met by the employer are deductible under
Section 338 ITEPA 2003, some are deductible under Sections 373 to
375 ITEPA 2003 and some are not deductible at all.
The cost of the employee's travel to and from France is
deductible under Section 338 because the United Kingdom is a
temporary workplace, see
EIM32065. If it were not deductible
under that Section it would be deductible under Section 373, see
EIM35030.
The cost of the employee's wife's travel to and from France
is not deductible under Section 338, see
EIM31980. It is deductible under Section
374, see
EIM35050.
The cost of the employee's accommodation or subsistence is
deductible under Section 338, see
EIM31815. If it were not deductible
under that Section it would
not be deductible under Section 373, see
EIM35100.
The cost of the employee's wife's accommodation or
subsistence is not deductible under Section 338 (see
EIM31980) and nor is it deductible under
Section 374, see
EIM35100.
This is summarised in the table below.
Employee |
Wife |
Deductible? |
Statute |
| Travel |
| Yes | Section 338 |
|
| Travel | Yes | Section 374 |
| Accommodation or subsistence |
| Yes | Section 338 |
|
| Accommodation or subsistence | No |
|
