Question re claiming expenses

I sent all appropriate expenses information etc to HM in relation to expenditure relating to my home based job.


As my claim costs were more than the automatic weekly £4 given to home workers I sent all break down costs etc.


3 months later after much chasing up regarding my claim I received yet another detailed form asking me to complete with a request for my contract of employment.


I then contacted HM AGAIN !! and spoke to a HM adviser. I explained I had given all of the information in a previous letter however I had no problem repeating the information and sending the form once again.
I added that I could not send off my contract of employment but I was willing to give permission along with address and phone number of my employer in order for HM to confirm what ever they needed to confirm.


To my amazement a very officious reply responded back ordering me to check out the HM website as it stated quite clearly the compulsory and obligatory need for me to send my employment contract of employment, and that my offer of permission for HM to contact my employer direct would not be acceptable ??? FLABERGASTED


Can any one advise
Is this correct ?
«1

Comments

  • Employees on PAYE have far less scope for claiming expenses for working at home than self-employed people do.

    As I understand it, your contract of employment must state that your official place of work is your home address otherwise you cannot claim anything. Being permitted and choosing to work at home on occasion do not qualify.

    Many people do take the flat rate, no questions asked allowance just to save all this trouble.
    Who having known the diamond will concern himself with glass?

    Rudyard Kipling


  • 2014
    2014 Posts: 59 Forumite
    Thanks for reply.
    However it did not answer my question Cheers anyway !!
  • booksurr
    booksurr Posts: 3,700 Forumite
    edited 10 September 2014 at 6:59PM
    2014 wrote: »
    However it did not answer my question Cheers anyway !!
    ?
    with respect what he explained was why HMRC require sight of your employment contract, they told you on the phone they needed it, and since your question was "is this correct" then the answer is see above!

    either your contract categorically makes you a home worker or it doesn't, your reticence to send it to HMRC suggests something else?
  • TheCyclingProgrammer
    TheCyclingProgrammer Posts: 3,702
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    edited 10 September 2014 at 3:25PM
    2014 wrote: »
    Thanks for reply.
    However it did not answer my question Cheers anyway !!

    As mentioned above of you have to work from home you can claim the £4/week allowance or more if you can show evidence of this regardless of whether your employer pays you it or not.

    But if you volunteer to work at home, your employer can still pay you £4/week tax free but you can't otherwise claim the allowance against your existing income. This is why HMRC want to see evidence of your working arrangements.

    http://www.hmrc.gov.uk/incometax/relief-household.htm

    As to why they want you to provide evidence and not your employer - it has nothing to do with your employer as it is you who is making the claim for tax relief.
  • http://taxaid.org.uk/guides/information/issues-for-employees/employee-expenses/homeworking-rules-and-expenses

    By claiming more than the flate rate, you have attracted the attention of HMRC and it is understandable that they want to see your contract of employment for themselves.
    Who having known the diamond will concern himself with glass?

    Rudyard Kipling


  • 2014
    2014 Posts: 59 Forumite
    Thank you for replies.


    I just really need to know if any one can tell me where to look on the GOV website where it states it is obligatory to send in to the HM a contract of employment ?
  • HMRC are entitled to ask for whatever 'evidence' they require.
    Who having known the diamond will concern himself with glass?

    Rudyard Kipling


  • custardy
    custardy Posts: 38,365
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    2014 wrote: »
    Thank you for replies.


    I just really need to know if any one can tell me where to look on the GOV website where it states it is obligatory to send in to the HM a contract of employment ?

    Does it matter?
    You have been told its a requirement
    I would assume its covered the the requirement for 'supporting evidence'
  • BobQ
    BobQ Posts: 11,181
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    2014 wrote: »
    Thank you for replies.


    I just really need to know if any one can tell me where to look on the GOV website where it states it is obligatory to send in to the HM a contract of employment ?

    To be fair, you have not given full information. But it is stated here.

    http://www.hmrc.gov.uk/incometax/relief-household.htm.

    The point to understand is that you are not entitled to anything unless you can prove you are working at home in a formal arrangement and not just someone working from home on an occasional basis.
    Few people are capable of expressing with equanimity opinions which differ from the prejudices of their social environment. Most people are incapable of forming such opinions.
  • jimmo
    jimmo Posts: 2,281
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    2014 wrote: »
    I just really need to know if any one can tell me where to look on the GOV website where it states it is obligatory to send in to the HM a contract of employment ?
    At the moment you have an “informal request” from HMRC for your contract of employment and, strictly speaking, you are not obliged to provide it.
    However, if you fail to do so HMRC will be able to commence formal proceedings under Schedule 36. Finance Act 2008.
    http://www.legislation.gov.uk/ukpga/2008/9/schedule/36
     
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