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Sole Traders - expenses, mileage and literature

  • 16 posts
  • # 73520

Hello everyone,
A friend of mine asked me for some advice and there are points that I am not sure about. I would appreciate all your ideas.

1. He is sole trader and works mainly for one customer. He is not their employee, he doesn't want to be employed, he wishes to be self employed and will issue now and then an invoice to some other customer but the majority of his income will be from one company! Is that acceptable? Also as he would travel to the same destination most days, can he still claim the fuel cost as travelling to his customer? - I personally believe the answer is yes but should it be otherwise, please correct me.

2. One customer offered him to pay him mileage of £1.00/mile and he should invoice him for it. If I was to keep his books - how would I treat such invoice - I suppose I would put it all through as income and claim fuel expenses based on fuel receipts - sorry if this sounds dumb but I was just reading through all the mileage & fuel receipts posts on the forum and got completely confused about the whole issue. Sole trader and his car/van are always going to be treated as expense against the profit, isn't it? He can most possibly provide a monthly log of private use of the car to deduct it from the fuel receipts but the van would usually be entirely business use...

3. He occasionally makes cash purchases with no invoice/receipt. Obviously the money has gone and he cannot put it through the books or could he use for the purchases somehow the cash-flow - but still no receipts... It is usually purchases of cleaning materials from same small provider who doesn't usually issue receipt.

4. Also, he occasionally does little jobs for cash and doesn't invoice the work - that is not acceptable from the money laundry point of view - is there a way to treat it in books without an issued invoice? As I said - he is not my customer, it's a friend who just started a business and didn't even register with HMRC yet - I sent him the link yesterday.


My very last question is about literature :)
Does anybody know about a good book for bookkeeping for sole traders only? - expenses, claims... all in one book/broacher - something for non bookkeeper (for my friend to know what to do or hav an idea...) but also for me to have a read through and gain more knowledge in this particular section only.

May thanks for all advices.
Olga

  • 698 posts
  • # 73523

Hi Olga

this is a can of Worms I understand he is your friend my advice to you is not to offer him any advice and get him to seek someone who is more qualified to deal with him as there are many potnetential minefields here.

1/ there is a test on the HMRc site to determine your employment status I would suspect from what you have told us he is not self employed in terms of HMRC. It is very importnant to establish whether HMRC would see him as self employed or employed as it may mean a restirction on the items he can claim as an example see ltd companies IR35 rules.

HMRC are looking to crack down on those claiming for going to the same destination everyday as the argument is that journeys to and from work are private not business miles so again you might want HMRC to give you a ruling.

2/ You can charge clients what you like with regards to mileage as it is classed as income and therefore taxble, The milage cap applies when you are claiming mileage personally as a non taxable re-imburse expense. He does not have put through all his vehicle costs like any other business he could claim mileage. I would be very dubious os claiming business costs for the car if he drives a van for work.

3/ If he is not getting receipts for cash purchases I would put the cash spent as drawings to encourage him to get receipts remeber if he has a tax investigation he will have to back up and justify his expenses he has claimed to offset his tax the odd receipt is ok but if this is regularly happening then you need to sort this out or just put it in as drawings.

4/ It is so not acceptable to do this it is blatent tax evasion and highly illegal if he does not declare this income he needs to be reports under MLR regs. AS this issue has come up i would suspect you are duty bound to report him now anyways I would check with the ICB speak to James.

5/ He does not need a book to help him he needs a professional to guide him in the right direction, If you need to brush up I would suggest reading the HMRC self assessment guides.

Kind regards
Stuart

  • Member PM.Dip
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  • 481 posts
  • # 73524

Regarding number 4 - I don't think they are saying this is evasion at the moment, merely how do you treat the income when no invoice has been issued. I know of situations where invoices are often not issued especially when the amount is small. It is still declared and VAT is still accounted for. Just there is no paper invoice for the work. Not everybody (customer) needs invoices or receipts so as long as a record is kept of the transaction it is still put through as a cash sale.

  • 180 posts
  • # 73528

 Everyone needs to remember that the criteria for reporting is suspicion not fact.

I have clients who have cash based business - for example personal fitness trainers who take cash on the door at a class.

I have stressed to them the importance of keeping proper records because they are cash based.

It doesn't matter what type of "invoice" is used - even a duplicate book where the receipt is recorded - if the payer doesn't want the receipt then they can throw it away.

But I wouldn't countenance no paperwork.

Simply put - if you don't have anything to hide then raise proper paperwork.

  • Companion Fellow PM.Dip
  • Practice Licence
  • 1137 posts
  • # 73531

Hi Olga

Olga from what I have read I do no think the HM Revenue would class your friend as Self employed.  You mention he has one other client but no intention of getting another and this work is not frequent.  There is a questionaire on the HM website that would show if your friend qualified from what you have said I would be surprised.

I do not think he will be able to claim mileage as he would  be  spending most days of the week there so the HM could argue that is his main place of business.

You have not mention whether he is using his own tools.   I suspect the HM would not be happy with this situation.

In regards to missing receipts.  I agree with the above.  My advice would be recommend him to go elsewhere.  Everyone knows the rules and he is already bending them from what you have said.  

Please do not take this the wrong way, but you it sounds like you need a bit more experience. 

I hope this helps and I understand it is hard to say no when a friend asks. 

Also I agree with everything Geoff says.  There is no reason for him not issue a receipt.  He must show accurate records for this cash , if he is not giving a receipt then he should be banking it.   I would question why he is not giving a receipt for the same reasons Geoff has mentioned
 


Edited at 09 Aug 2011 09:22 PM GMT

  • 16 posts
  • # 73532

Thank you all very much.

Stuart,
my friend is only starting and has not yet registered as self employed with HMRC so I'll make sure he understands everything well before he does that and I'll send him the link to the HMRC test.
Sorry if I wasn't clear enough about the car. He is currently using his own car but plans to buy a van for his business to use only for this purpose.

Regarding the book, I have the ICB Self assessment book but I still feel that I need to know more, anything else you could recommend for me and my bookkeeping bookshelf? 
Since I started my bookkeeping journey, my biggest wish was to be able to keep the money in my client's pockets as much as possible (not to cheat on the tax man, but to pay as little as possible and keep as much as possible for my customers within the legal limits!). I just feel that I need to know so much more to be able to do that!

Peasie, Geoff,
Will make sure he keeps a record even if it's just in a form of duplicate book.

Sarah,
he does plan to get more customers, but it looks that even then the majority of his income will be from the one customer. I believe he does use his own tools.
I am aware that I don't have enough experience; I am still working on it :) Thank you :)

Again, thank you all very much!!!!!!!!!!!!!!!!!!
Olga

  • 35 posts
  • # 73537

Hi Olga

To be clear these comments are made from my personal experience as a contractor (and Director of a Ltd company) and do not relate to my qualifications or membership through ICB.  IR35 is something I have had to deal with for the last 7 years!! Smile  It is all about whether you are doing business on your own account....

The self employed status does depend very much on what your friend does and how he carries out his business.  For example a plumber who gets most of their jobs from a single builder but does all their work at a fixed price (however long it takes), provides all the tools and materials, has control over when and how the work is done and has to make good any work that is faulty or not satisfactory at their own expense would normally be considered self employed by HMRC.  (Although there may be other implications e.g. CIS but I am not discussing that here...).  If they turn up each day and are told what they should do for a fixed payment each week / month and are still paid if there is no work for them to do they would probably be seen as a disguised employee by HMRC and not self employed. 

If the example was for an office type service (e.g. computer programmer, business consultant) things are a little more "blurred".  Here the contract would normally be for a specific period and the work to be done would be detailed.  However normally in an office environment there are core hours to work, you have to use the clients equipment and computer system for security reasons and may use facilities that are provided for staff.   From an HMRC perspective these roles are more likely to be deemed inside IR35 (treat status as an employee and not as self employed), particularly if the contract(s) duration is for two years or more and there is only one main client.  For personal service companies I would always recommend the contract is reviewed by a professional and they will confirm whether they believe the contract would be deemed self employed by HMRC, there are lots of things to look for and I have only listed some of them here.

I would suggest your friend does the HMRC test (or contacts a specialist) to determine his status and then you will be able to clarify how to treat mileage and other expenses. 

As long as income is treated as it should be for tax purposes, either as self employed or deemed employment, there is no issue.  If you do 3 contracts in a year, one is deemed to be not self employed and the other two are you just make sure you pay the appropriate tax and NI for the two different types of income and of course do the bookkeeping correctly!Smile

I would also agree with the other comments - your friend should ask for receipts on purchases and provide a receipt where an invoice has not been issued for work done.  As long as the income has been documented then there is no reason to believe there is any wrong doing intended.  Cash in hand jobs that there is no intention to declare, this should start alarm bells ringing!  Tax avoidance is legal, it is the tax evasion which we should be worried about as it is illegal and should be reported whenever suspected!

Sorry for the long post folks!!!

Karen



Edited at 10 Aug 2011 10:23 AM GMT

  • Companion Fellow PM.Dip
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  • 1137 posts
  • # 73539

Hi Karen and Olga 

Karen , an excellent post above . The should really help you Olga in your understanding of self employed status.  By the way I don,t thing there is a book but the HM website is a very useful resource.

Olga I  hope I did not offend you last night when I mentioned about experience.

 I just felt it came across as if you were very unsure about somethings , mainly in the self employed status which does effect the rest of the questions .  By no means should you stop learning,  but from experience it is best to stay away from friends for loads of reasons.   

Karen has given you some very good pointers here.
 

  • 16 posts
  • # 73583

Sarah, it's not a problem, honestly :) I am originally from Czech Republic (married to UK citizen) and yes, I am very careful and worried not to do anything wrong or incorrect. Although I am an EU citizen, UK is still a foreign country and English is only my second language so there is always the chance that I could have misunderstood the terms, the literature, the article etc. which is always very worrying for me as I want to deliver professional services (that's why the question about another book for my collection :)). And that's why I always try to triple check everything from all possible resources before I proceed with any work :)

Karen, that is fantascit post, thank you very much for sharing your knowledge!

Olga

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