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Mark101(Enthusiast)Enthusiast
30 July 2022

Since late 2020 my wife and I have lived in Australia. My wife and I own and run a web platform for predominantly UK based tutors. The business was set up in the UK, but now operates through an Australian company. My wife also works part time in the business as our HR / relationship manager.

In April/May 2022 we returned to the UK for 57 days. The primary purpose of the trip was to meet our UK tutors – most of whom had joined our platform since we arrived in Australia, and to meet potential additional tutors. The secondary purpose was to meet family and friends. 

I continued to work at least 35 hours a week on the business during our stay when not visiting tutors, family or friends. My wife was closely involved in arranging and visiting the tutors, but otherwise did not work on our business.

We stayed primarily in the house we still own in the UK, but also in hotels when travelling to visit tutors. 

Because our trip coincided with a covid wave in the UK we arranged most of our visits (to both tutors and family) to the second month of our trip. Even so, 10 days before returning I, and then my wife, caught covid. We therefore isolated for the 10 days before flying home.

We kept a travel diary with our activities each day. My question is, for each type of expense, what is a reasonable proportion to charge for work purposes?

1.      Travel to and from the UK: can I assume a 35 hour working week (so a ‘normal’ 285 working hours over the 57 days), and allocate expenses based on hours worked (excluding work travel) divided by 285 as the work related element for each of us?

2.      Car travel within the UK: we borrowed a car from my brother to travel around the UK to meet tutors. We paid for the servicing and repair of the car. We incurred petrol, servicing, parking, tolls and penalty charges for parking / road tolls not paid on time. Allocating these between work related and private use would be difficult. Can I use the UK HMRC per-mile expense rate to estimate the cost of work-related km? We do no work related travel in Australia, so will be well under annual limits.

3.      Entertaining: we paid for meals with tutors. I assume this is allowed as 100% work related?

4.      Hotel costs whilst travelling to see tutors / subsistence whilst away from our UK home visiting UK tutors: I assume this is allowed as 100% work related?

5.      Our own subsistence in our UK house: I assume this is not allowable given the length of our trip / on the basis that such costs would otherwise be incurred in Australia?

Our company paid for the flight tickets, but other costs have been incurred privately. 

1.      I assume re-imbursing the company for the private element of the flight costs, and claiming the work element of the other costs as an expense from the company will avoid any fringe benefit consequence and avoid having to claim these costs on our personal tax returns? 

2.      Is this still OK as our expenses claim / reimbursement of the flight private element will be in the following tax year?

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7 replies
756 views
7 replies

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Most helpful reply

CaroATO(Community Support)Community Support
5 Aug 2022

Hi @Mark101


There a few things that need to be looked into further to see if your method of working things out would be accepted.


Can you clarify that you're intending to claim these expenses against your own income you receive from the company or are you asking if the company can claim these expenses against it's own income?


The purpose of the travel diary is so you can separate business time from private time. You'd record dates, start and finish times for your activities so that you can accurately work out how much time was work-related.


Our website shows you how to calculate car expense deductions. The same rules would apply where you can only claim work-related costs so you'd need to separate business vs private. If you logged your trips in your diary you should be able to work this out. You can't claim any fines/penalties. You'd use our calculations because the deductions relate to your Australian return.


Entertainment will need to be looked at more - you can claim your own meals as part of your travel expenses. If you're entertaining others that may not be an eligible expense you can claim claim against your own income. It sounds more like a business expense for the business.


Claiming accomodation expenses you paid for out of your own pocket seems reasonable. When it comes to your own home you can look at working from home expenses to get an idea of how to calculate a deduction there if eligible.


I think the best approach for you to get accurate advice is to ask for tailored technical assistance. We'd be able to look at your situation more closely to see if you can claim a certain way and your eligibility.

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Mark101(Enthusiast)Enthusiast
30 July 2022

FYI the gross turnover of the platform is over $1 million, we collect and hold monies on behalf of tutors and disburse those funds, less our commission, periodically. A significant level of trust is therefore essential in this process

Most helpful reply

CaroATO(Community Support)Community Support
5 Aug 2022

Hi @Mark101


There a few things that need to be looked into further to see if your method of working things out would be accepted.


Can you clarify that you're intending to claim these expenses against your own income you receive from the company or are you asking if the company can claim these expenses against it's own income?


The purpose of the travel diary is so you can separate business time from private time. You'd record dates, start and finish times for your activities so that you can accurately work out how much time was work-related.


Our website shows you how to calculate car expense deductions. The same rules would apply where you can only claim work-related costs so you'd need to separate business vs private. If you logged your trips in your diary you should be able to work this out. You can't claim any fines/penalties. You'd use our calculations because the deductions relate to your Australian return.


Entertainment will need to be looked at more - you can claim your own meals as part of your travel expenses. If you're entertaining others that may not be an eligible expense you can claim claim against your own income. It sounds more like a business expense for the business.


Claiming accomodation expenses you paid for out of your own pocket seems reasonable. When it comes to your own home you can look at working from home expenses to get an idea of how to calculate a deduction there if eligible.


I think the best approach for you to get accurate advice is to ask for tailored technical assistance. We'd be able to look at your situation more closely to see if you can claim a certain way and your eligibility.

Mark101(Enthusiast)Enthusiast
8 Aug 2022

Hi @CaroATO,


Thank you for your reply. In answer to your questions:


The company intends to reimburse my wife and I for expenses the company is eligible to claim as tax expenses against it's own income. If there are expenses the company cannot reclaim tax expenses against it's own income, but which we would be able to claim as personal expenses, then we could claim these as personal expenses. I would be grateful if you could distinguish between each type of expense below: in the UK all such expenses would be claimed through the employer, but clearly that does not apply in Australia.


I can confirm that we have an accurate travel diary kept on Excel. This includes the distance travelled by car whilst in the UK. We will likely use the 72 cents per km method as we travelled less than 5,000 km in the car we used in the UK. Whilst we did not use a car in Australia during the rest of 2021/22 for work purposes, am I right to assume the 5,000 km limit is per car, not per taxpayer?


I used the term 'entertainment' loosely. This consisted of meals shared with each of our tutors at which work related matters were the primary topic of conversation. Sometimes these were in a coffee shop, sometimes at a restaurant.


It certainly seems reasonable to only claim 'working from home' expenses for the costs of working from our home in the UK.


I assume the best approach is me to take these questions to your tailored technical assistance service, so unless it is useful for others for you to answer these questions, then I will assume you will not do so.


In particular, I note that the split between work and private elements of the cost of our travel to the UK is still uncertain.


Thank you for your help in this.


Best,


Mark



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