EXCHEQUER SOLUTIONS LTD v THE COMMISSIONERS FOR HIS MAJESTY’S REVENUE AND CUSTOMS [2024] UKUT 00025 (TCC)

Upper Tribunal Tax and Chancery decision of JUDGE SWAMI RAGHAVAN and THE CHANCELLOR on 24 January 2024

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PAYE & NIC � travel and subsistence expenses paid by umbrella company servicing construction industry clients� whether mutuality of obligation to constitute overarching contract of employment or whether arrangement amounted to series of individual assignments in which case travel expenses not allowable as ordinary commuting expenses � FTT correct to find no overarching contract of employment � FTT also correct to reject appellant’s argument that Regulation 80 Income Tax (Pay as You Earn) Regulations 2003 invalid and that reimbursement of expenses were not subject to NICs � appeal dismissed

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Published 25 January 2024