EIM31659 | The general rule for employees: expenses: effect of reimbursement: reimbursement not claimed

Section 72(2) and section 334 ITEPA 2003

Effect of reimbursement

In most cases, the fact that an employee receives, or may be entitled to receive a reimbursement of their expenses does not affect their entitlement to relief for those expenses under sections 336 to 338 ITEPA 2003.

Most employees are taxable on any reimbursed expenses under section 72(1), and section72(2) says that the taxation of those reimbursements does not prevent the making of a deduction under any of the expenses provisions. Similarly, section 334(1) says that a person may be regarded as paying an amount despite its reimbursement, or any other payment from another person in respect of the amount.

However, there are a number of situations where reimbursed expenses are not subject to tax. These include:

• reimbursements made to employees who are not within the benefits code because they are in lower paid employment.

• payments for which the employer has been given a dispensation under section 65 (see EIM30050 onwards), for tax years 2016 to 2017 onwards dispensations have been replaced by an exemption for amounts which would otherwise be deductible.

• payments made under the terms of a Working Rule Agreement (see EIM71300 onwards)

If an employee receives a reimbursement, or other payment, in respect of expenses which is not taxed, whether for one of those reasons or otherwise, the untaxed amount must be deducted from the amount otherwise deductible under sections 336 to 338 (see section 334(2)).

Reimbursement not claimed

Reimbursements that an employee has not received do not affect their entitlement to relief. There are no grounds on which you can refuse relief to an employee who has incurred and paid allowable expenses, and who has for whatever reason refrained from claiming reimbursement from their employer. If reimbursement is subsequently received it will be taxed in full under section 72. Section 330 prevents a double deduction.