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Relevant legislation
Relevant legislation
The term “employment” is defined in s 4 ITEPA as follows:
4 ‘Employment’ for the purposes of the employment income Parts
In the employment income Parts ‘employment’ includes in particular—
any employment under a contract of service,
any employment under a contract of apprenticeship, and
any employment in the service of the Crown.
In those Parts ‘employed’, ‘employee’ and ‘employer’ have corresponding meanings.
- Heading
- Introduction
- summary of relevant facts
- The 2010 Contract
- The 2013 Contract
- Obtaining assignments
- The process for paying subsistence expenses
- The requirement for consent to other employment
- Length and number of assignments
- the ftt’s determination of the issues
- grounds of appeal
- deductibility of subsistence expenses: relevant legislation
- ground 1: the 2013 contract was an overarching contract of employment
- Mainpay’s argument
- Discussion
- ground 2: a single employment contract
- The FTT’s decision
- Relevant legislation
- Mainpay’s arguments
- Discussion
- ground 3: meaning of “permanent workplace”
- The FTT’s decision
- Mainpay’s argument
- Discussion
- ground 4: use of benchmark scale rates
- Relevant legislation
- The FTT’s decision
- Mainpay’s argument
- Discussion
- ground 5: loss of tax brought about carelessly
- What the FTT decided
- Mainpay’s arguments
- HMRC’s pleading of carelessness
- Failure to take reasonable care
- Causation
- Reliance on Mr Hugo
- Conclusions