On 2nd April the HMRC brief number 24/09 introduced the Benchmark Scale rates for day subsistence.
These scale rates are applicable from 6th April 2009 and so
effective for the tax year 2009-10. The advisory scale rates are
designed to be used to make subsistence payments to employees who incur
allowable business travel expenses free of tax and NI.
The new scale rates do not include the costs of overnight stays for which the guidance is unchanged.
The new rules
The HMRC brief says
As long as the employee has incurred subsistence
expenses while travelling on an allowable business journey, employers
will be able to make tax and NICs free subsistence payments up to the
advisory rates without agreeing them with HMRC.
Employers wishing to use the benchmark scale rates for
subsistence payments will simply need to notify HMRC of their intention
by ticking the appropriate statement/box on form P11DX before starting
to use the system. The rates that can be used will be:
Breakfast rate (irregular early starters only) - A rate
of up to £5.00 may be paid where a worker leaves home earlier than
usual and before 6.00 am and incurs a cost on breakfast taken away from
his home. If the employee regularly leaves home before 6.00 am because,
for example, he works an early shift he would not be entitled to use
the breakfast benchmark scale rate.
One meal rate (Five hour rate) - A rate of up to £5.00
may be paid where the worker has been away from his home/normal place
of work for a period of at least five hours and has incurred a cost on
a meal.
Two meal rate (Ten hour rate) - A rate of up to £10.00
may be paid where the worker has been away from his home/normal place
of work for a period of at least ten hours and has incurred a cost on a
meal or meals.
Late evening meal rate (irregular late finishers only) -
A rate of up to £15.00 may be paid where the employee has to work later
than usual, finishes work after 8.00 pm having worked his normal day
and has to buy a meal which he would usually have at home.
If the employee is paid an allowance under the five or
ten hour rule, the late meal allowance could still be paid if he
finishes work after 8.00 pm and buys a meal that he would usually have
at home. However, if the employee regularly finishes work late because,
for example, he normally works the afternoon or evening shift, he would
not be entitled to use the late evening meal rate.
Qualifying Conditions
The HMRC brief clearly identifies the qualifying conditions:-
Benchmark scale rates must only be used where all the qualifying conditions are met. The qualifying conditions are:
• the travel must be in the performance of an employee’s duties or to a temporary place of work
• the employee should be absent from his normal place of work or home
for a continuous period in excess of five hours or ten hours
• the employee should have incurred a cost on a meal (food and drink) after starting the journey
Early starter and late finisher rates
The early starter and late finisher rates are for use in exceptional
circumstances only and not intended for employees with regular early or
late work patterns.
Tax and NICs free scale rate payments must be limited to three meal
rates in one day (or 24 hour period). A meal is defined as a
combination of food and drink.
Where employees are required to start early or finish
late on a regular basis, the over five hours or over ten hours rates
could be paid provided all the other qualifying rules are satisfied.
No tax and NICs free payment should be made if an
employee does not incur an expense on meals after leaving home or his
normal place of work, even if the journey was a qualifying business
journey. This means that employees who do not buy a meal or who take a
packed lunch from home are not entitled to a tax and NICs free payment.
Important Points for Professional Contractors and Freelancers
- An employer could pay less than the advisory scale rates, but needs
prior agreement from HMRC to pay higher than these scale rates.
- A meal does not have to be brought from a restaurant, you could purchase food to consume from a supermarket or shop on the day.
- If you purchase food for a longer period from a shop or supermarket and prepare food at home, the cost is not claimable.
- Although there is nothing explicit in the guidance, we would
recomend that if your actual expenditure is less than the scale rates
you apply the lesser figure to your claim for that day.
- The guidance is clear where your expedniture is more than the scale
payments. You should only claim the scale payments unless you can agree
higher scale payments with HMRC.
- A dispensation is needed in order to apply these rates.
- A dispensation can be applied to a whole tax year, although will normally be applicable from the date of issue.
- To apply for a dispensation a Director will need to keep all
receipts for all expenditure. Only the scale rates applied should be
claimed and entered in your accounts, but you need to keep all receipts
as evidence that you have actually incurred the cost ( if we are
keeping your accounts please do not send in these receipts, keep them
so that you can produce them to HMRC in the event of an enquiry). See
our detailed guidance on applying for adispensation.