Self Employed Musician, expenses.. what am i allowed?

ThePianoMan

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May 29, 2013
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Hi there

i just need some advice on whether i can claim meals for when i am travelling to and from gigs, i am a self employed Musician, do my tax return and NI etc
sometimes i leave my home at 1pm, drive to a gig and then travel back, not getting home until at least 2-3am, sometimes later, as late as 6am sometimes

i have to eat during this time period, what am i allowed to claim each day for each gig? do i need to keep every food and drink receipt?

what expenses can i claim for?

Food?
Musical Equipment needed?
Cables etc?
Repairs to my instrument?
Accommodation?
Travel (Fuel)
Stage Clothes
CD`s for when i am learning a track for bands that i play in

anything else?

Regards

Mr Harrison
 

MyAccountantOnline

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HM Revenue & Customs have some very good guidance here which should help.

In general you can only claim costs which are incurred wholly and exclusively for your business.
 
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Caspar

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May 23, 2013
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If you are travelling and staying overnight in a hotel, you would be able to claim your accommodation costs and for food and drink, but there are set rules about this on HRMC website, as some accommodation etc is disallowed.

All expense claims must be wholly and exclusively for the purposes of your trade or profession. Although you can make a deduction for a proportion or part of an expense if the item is used for both business and personal usage.

  • Musical equipment bought, would be classed as an asset on the balance sheet, rather than going on the P & L (an allowance can be claimed on your self assessment for thisto reduce your tax bill).
  • Cables, repairs, Cds for learning tracks etc are all claimable, stationery, postage, music sheets, etc.
  • With regard to travel, rather than putting fuel receipts in, if the vehicle is your own, you might want to claim 45p per mile for the first 10,000 miles as an expense, and then 25p per mile there after. This usually works out more than the fuel and is a provable expense if HMRC ever look at your records. As fuel receipts tell you nothing about how much of it was used for business mileage and how much for personal mileage. When you put mileage claims through, you then don't claim for any repairs, tyres, MOT's etc for your vehicle, as you can't have it both ways.

With regard to subsidence when not staying overnight in accommodation.
HMRC do give allowances to employees of I think about £10 after 10 hours of work. But Self employed people are not treated the same. HMRC say that the cost of meals taken away from the place of business is not in general an allowable expense, as everyone must eat in order to live, it is a normal cost of living. Where it talks about if your business is itinerant, (for example a commercial traveller) - subsistence is allowed, when they journey outside their normal pattern. So if you are working a 10 hour shift regularly or 12 hours, and working during those hours, not sleeping in a nice B&B or hotel somewhere. You might be hard pushed to claim subsistence.

Caspar
 
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paulears

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Jan 7, 2015
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When I first started, Stage Clothes were not allowed, but now this seems to have been relaxed when you need specific clothes that you only wear for work - like a uniform. I also claim for cleaning costs, as they get pretty manky!

When I can eat at home, that's fine, but if I do a show, then if I have a meal after the show - restaurant, or even fast food, I claim it as an expense, because it's impossible for me to wait until I get home. I used to do visiting examiner work too, and I was able to claim back the cost of the hotel, and an evening meal, and I've used the same set of rules in my self-employment, as it's not unreasonable.

I also claim CDs, sheet music, stationary, strings, new cases, flight cases, computers, music software, licenses, MU membership, and as I do lots of the music background work at home, I claim a proportion of my gas and electricity, water and sewerage as working from home expenses. My fuel bill last quarter was £700, so the 50% for electric and 33% for the others seems fair, as my job costs money.

At some times in the year I go away for a month or two at a time - my digs are claimed, plus any expenses living away from home costs, over and above what staying at home would cost. My accountant disallows some things I give her, but when I can justify them, she puts them through. In one of my away jobs, I'm the production manager - and buying coffees is expected - even though the production company does not reimburse me for this. It just comes with the job, so thirty quid for food for other people is a legitimate expense of doing my job.

Porterage is also an understood item by the revenue. So if you are a drummer, or percussionist the extra cost of moving your kit around is also legitimate. So hiring a van if your car isn't suitable is also OK.

One area where you need to be careful are when deps are involved. As I understand it, paying a dep can be considered an expense, rather than them invoicing you and you paying them yourself. It doesn't make much difference.

One thing that may catch people out are when they work in the same place for an extended period. 4 days is being bandied about as the limit - and going over this makes the gig your place of permanent employment, meaning that even though you retain your tax status as self-employed, you may have to pay class 1 National insurance on top of your Class 2 and 4. This is because the rules were changed (and being talked about being changed back again). So if you get a job, say playing in a pit for a show, you might find some on the ball clients will deduct NI at about 10%. With pit work, the dep you need to use will want the usual rate, but you are not getting it, because of the NI deduction, leaving you out of pocket.

It's getting more and more complicated.

On the receipt front, my accountant tells me to keep every single receipt, and then it is easy to show that you have not claimed them all, but just an acceptable and reasonable number.
 
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David Griffiths

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    When I can eat at home, that's fine, but if I do a show, then if I have a meal after the show - restaurant, or even fast food, I claim it as an expense, because it's impossible for me to wait until I get home. I used to do visiting examiner work too, and I was able to claim back the cost of the hotel, and an evening meal, and I've used the same set of rules in my self-employment, as it's not unreasonable.

    .

    The payments to you as an examiner were under rules for employees. As has been pointed out earlier in this thread, the rules for self employment are different and the cost of meals is not tax deductible, unless associated with an overnight stay.
     
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    paulears

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    Doesn't this apply?
    57A Expenses incurred by traders on food and drink

    (1) In calculating the profits of a trade, a deduction is allowed for any reasonable expenses incurred on food or drink for consumption by the trader at a place to which the trader travels in the course of carrying on the trade, or while travelling to a place in the course of carrying on the trade, if conditions A and B are met.

    (2) Condition A is met if-

    (a)a deduction is allowed for the expenses incurred by the trader in travelling to the place, or

    (b)where the expenses of travelling to the place are not incurred by the trader, a deduction would be allowed for them if they were.

    (3) Condition B is met if-

    (a)at the time the expenses are incurred on the food or drink, the trade is by its nature itinerant, or

    (b)the trader does not travel to the place more than occasionally in the course of carrying on the trade and either-

    (i)the travel in connection with which the expenses are incurred on the food or drink is undertaken otherwise than as part of the trader's normal pattern of travel in the course of carrying on the trade, or

    (ii)the trader does not have such a normal pattern of travel.".
    So If I travel to a theatre, perform, eat in the restaurant, then travel through the night to get home rather than stay over, it doesn't count, but if I stay, it would? Confused now.
     
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    Caspar

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    If I leave home at 7:30am to go to work at a clients premises, and get home at 8:00pm. I dont claim subsistence, being self employed prevents me from doing so - I take a sandwich and drink with me for lunch. My working day would be no different to yours - I travel for perhaps 3 hours on a round trip, the only difference being that you work a different 'shift' to me. I also take some fruit or a small snack to tide me over on the journey home before I can have my evening meal at home.

    The person who gave advice regarding claiming use of home has got it WRONG. People can claim what they like if they feel they want to - but they will need to save up some potential additional tax, penalties and interest payments that HMRC may levy if they ever come out to inspect their records.

    To claim home usage can be quite complex for the self employed. You need a designated seperate room, count all the rooms in your house excluding kitchen and bathrooms. Then apportion your utilities between the rooms you have. It gets more complex if it is a shared room that say doubles up as a bedroom at night or at weekends. This is not an exact science here, just a bit of insight. It also depends if its not a designated room, on how long it is used for. If you claim a lot this can also bring capital gains tax issues if you own the property, upon the sale of it.

    I can only re-iterate what I have mentioned in other posts, I often get new clients a year down the line, where they have taken advice from unqualified friends, or the man down the pub. Only to discover they have set themselves up totally wrong and the accountants fees they 'saved' in the first year ended up costing them more in tax.

    I would definately look for a small local accountant - theyre not as expensive as you think and usually give more of a personal service and will set you up right too.
    Caspar
     
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    paulears

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    It also helps to use an accountant experienced with the performing arts industry who have experience of similar clients. Most musicians have at least one specialist room often two, in their homes yet rarely have outsiders visit. Specialist insurance and burglar alarms too.
    My work patterns are quite different - not just the time. Sandwiches are not options the concept of proper breaks doesn't exist and frequently you are forced to use their catering which is charged back against box office take. After driving 5 hours then setting up, your first break could easily be ten hours from leaving home, so sandwiches are not a meal. As I understand the rules you need to be able to show the revenue your expenses are reasonable. There may not be fixed allowances like the employed get, but even with hmrc scrutiny the expenses I submit were deemed reasonable.

    It's actually very common for musicians to be contracted as self-employed people and then paid per diems to cover these very things. Eating at home or at work is essential - and the thing HMRC insist on. However, the difference in eating at home and eating in a restaurant through necessity is recognised - and as long as you can justify it, I cannot find any specific rule saying it's unacceptable.
     
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    Willow90

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    Hello, sorry I don't want to hijack thread (especially with my first post!) but thought I'd post here as have a few questions on similar issue.

    I understand that with musical equipment bought before the a person's first year as self employed can be brought in as an asset using the Write Down Allowance.
    If a person then stops being a self employed musician (becomes employed musician etc) and wants to keep equipment how does this work? Do they have to pay a balancing charge? If they sell the asset and make a profit I believe you have to pay CGT or treat as income but what if you keep it?

    What I don't want to happen is to bring in an instrument/accessory using WDA and then see a bill in the future to keep the same thing to carry out a similar job but as employed not self employed!

    I understand the argument on food allowance but what is the HMRC position? If there is an overnight stay then food allowed, if there isn't then not?
     
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    Caspar

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    Hello, sorry I don't want to hijack thread (especially with my first post!) but thought I'd post here as have a few questions on similar issue.

    I understand that with musical equipment bought before the a person's first year as self employed can be brought in as an asset using the Write Down Allowance.
    If a person then stops being a self employed musician (becomes employed musician etc) and wants to keep equipment how does this work? Do they have to pay a balancing charge? If they sell the asset and make a profit I believe you have to pay CGT or treat as income but what if you keep it?

    What I don't want to happen is to bring in an instrument/accessory using WDA and then see a bill in the future to keep the same thing to carry out a similar job but as employed not self employed!?

    Eg.
    You buy a musical instrument which is treated as an asset on the balance sheet.
    In your self assessment you can claim 100% of certain assets purchased (up to a certain amount), which reduces your tax bill. Therefore no writing down allowances as you will have claimed 100%.

    In your p &l, you apply depreciation to your asset, which reduces profit. However when you work out tax on profit, you have to add the depreciation deducted figure, back in.
    The asset has a reduced value on your balance sheet, due to this depreciation.

    If you give up trade and wish to keep the asset, you would have a balancing allowance or balancing charge to your p&l. You would value it to the equivalent of its current market value (this can be higher or lower than the value on your balance sheet).

    If its value was more than on your balance sheet, you would apply a balancing charge for the difference, which increases your tax bill. If your value is lessthan on the B/S, the difference would go as a balancing allowance on your p &l and this would reduce your tax bill.

    See this link hmrc.gov.uk/capital-allowances/plant.htm

    But please note I cannot be held responsible for any action or inaction taken by anyone from reading my example above as this should not take the place of personal professional advice from someone who can see the full picture of your business.

    Caspar
     
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    Willow90

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    Eg.
    You buy a musical instrument which is treated as an asset on the balance sheet.
    In your self assessment you can claim 100% of certain assets purchased (up to a certain amount), which reduces your tax bill. Therefore no writing down allowances as you will have claimed 100%.

    In your p &l, you apply depreciation to your asset, which reduces profit. However when you work out tax on profit, you have to add the depreciation deducted figure, back in.
    The asset has a reduced value on your balance sheet, due to this depreciation.

    If you give up trade and wish to keep the asset, you would have a balancing allowance or balancing charge to your p&l. You would value it to the equivalent of its current market value (this can be higher or lower than the value on your balance sheet).

    If its value was more than on your balance sheet, you would apply a balancing charge for the difference, which increases your tax bill. If your value is lessthan on the B/S, the difference would go as a balancing allowance on your p &l and this would reduce your tax bill.

    See this link hmrc.gov.uk/capital-allowances/plant.htm

    But please note I cannot be held responsible for any action or inaction taken by anyone from reading my example above as this should not take the place of personal professional advice from someone who can see the full picture of your business.

    Caspar


    Thank you for the example; that makes sense, but is that only if the asset is bought in this tax year, I was under the impression that if it was previously owned and was being 'transferred in' it had to be at 18% per year using WDA as you cannot use Annual Investment Allowance on assets that were owned prior to trading?

    Hypothetically if a £6k instrument was offset entire;y, then if you were to stop being self employed that £6k (assuming value has remained unchanged) would have to be treated as profit, so if you'd earned £10k above the personal allowance that year, you'd have £16k taxable profit due if you wanted to keep your instrument?

    Sorry if that doesn't make sense- and thank you for your help, I want to be clear what factoring cost of instrument against tax may have in the future!
     
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    Caspar

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    Thank you for the example; that makes sense, but is that only if the asset is bought in this tax year, I was under the impression that if it was previously owned and was being 'transferred in' it had to be at 18% per year using WDA as you cannot use Annual Investment Allowance on assets that were owned prior to trading?

    Hypothetically if a £6k instrument was offset entire;y, then if you were to stop being self employed that £6k (assuming value has remained unchanged) would have to be treated as profit, so if you'd earned £10k above the personal allowance that year, you'd have £16k taxable profit due if you wanted to keep your instrument?

    Sorry if that doesn't make sense- and thank you for your help, I want to be clear what factoring cost of instrument against tax may have in the future!

    When I read your post I didnt notice that bit about pre-owned sorry. It is 18% as posted by the above member :eek:

    If you cease it is just the difference between what is the written down value on your asset list and what its market value is. Eg wdv now at £5, 000 market value now at £5, 500. You would pay tax on an additional £500 as you would apply a balancing charge to the p &l increasing your profit. Or eg, wdv now £5, 000 and market value £4, 000, you would have a balancing allowance oc £1, 000 thus reducing your profit and tax due.
    Caspar
     
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    paulears

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    As guitars usually go up in value as they get older, as in could be looked at as investments, does that change things. They appreciate, rather than depreciate.

    Not just guitars, but somebody buying a Stradivarius violin or cello would not see their tools of the trade depreciate, far from it?
     
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    The payments to you as an examiner were under rules for employees. As has been pointed out earlier in this thread, the rules for self employment are different and the cost of meals is not tax deductible, unless associated with an overnight stay.

    Just browsing through this thread, been in a similar, if not the same industry to Paulears. I'm a sole trader and a question I have always wondered about (I give the accountant the receipts and my spreadsheet with a brief description and let him sort it out and tell me what I can and can't, or he needs to query). My place of work is the home office and I go out as and when clients require my services (setting up/operating events in venues, hotels, temporary structures etc..). Which doesn't really fit in to the normal pigeon holes the tax man has..

    If I'm away from home working, I generally invoice any additional expenses to my clients, if the client doesn't pick up the bill directly. Is that just income with no offset?

    I can be away for a "day" (which can be anywhere from 6 to 18+ hours, quite often to the we small hours of the morning or over night), or several days, staying away from home.
    (this to my mind and as far as I can see is a little efferent from most industry who tend to work 'sensible' hours..).

    My view has always been that I have food in the fridge at home (the rest of the family still eat it) and it's not practical to take 3+ meals "to work" with me. I generally take a packed lunch, just in case (different clients have vastly different views on treating there subcontractors). And if I have to buy food out, it is usually a premium 'restaurant' pricing, rather than off the shelf from Tescos (also i've not usually got a means to prepare food, hence usually a restaurant). So, do I as a sold trader have to bear the premium cost (which can on occasions be quite significant if away for a week), where I wouldn't be using such premium options if at home?

    I'm curious what the take on that here is (as I mention, my accountant sorts that out, and it's not a question I have ever though to clarify with him, usually to many more important things, like where to goal posts have ended up for the next tax year...etc).

    Cheers,

    Matt
     
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    paulears

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    Indeed Matt - I think we probably are doing very similar things, and there are a number of quite odd exceptions to the HMRC rules for performers and musicians that technicians on the same shows don't get.

    You can have a production on tour, or in a week by week venue who have dancers paid via PAYE, actors and musicians paid as self-employed for tax purposes and employees for NI purposes, alongside sound people who submit self-employed weekly invoices. Some will get subsistence paid, some won't. All these separate rules working at the same time. Some people find a stray word in the contract can have cost implications. I invoice, and am VAT registered, but because I agreed to cover as a musician for one production as somebody in the band was going to need to be off a day or two, on top of my production manager role, the magic word perform appeared in the contract, and cost me Class 1 NI deductions - essentially, a pay cut, for doing more. If you did a straw poll in a theatre or stadium on a music show, everyone would be collecting receipts for everything they spend to do their job - and I have never heard anyone having a problem with these receipts. Of course, it takes an inspection to settle it, but in our industry, our food and refreshment costs can be very large. It's not unheard of to have to pay through the nose for bottle water - so we claim it as an expense. If you are living on a tour bus, you simply cannot make a packed lunch, even if you wanted to - so unhealthy expensive food is the only possibility.

    This morning I met a potential client in a hotel - two coffees cost me £7 - I'm claiming this as a genuine expense of doing business. Should I have taken a flask?
     
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    Indeed Matt - I think we probably are doing very similar things, and there are a number of quite odd exceptions to the HMRC rules for performers and musicians that technicians on the same shows don't get.

    You can have a production on tour, or in a week by week venue who have dancers paid via PAYE, actors and musicians paid as self-employed for tax purposes and employees for NI purposes, alongside sound people who submit self-employed weekly invoices. Some will get subsistence paid, some won't. All these separate rules working at the same time. Some people find a stray word in the contract can have cost implications. I invoice, and am VAT registered, but because I agreed to cover as a musician for one production as somebody in the band was going to need to be off a day or two, on top of my production manager role, the magic word perform appeared in the contract, and cost me Class 1 NI deductions - essentially, a pay cut, for doing more. If you did a straw poll in a theatre or stadium on a music show, everyone would be collecting receipts for everything they spend to do their job - and I have never heard anyone having a problem with these receipts. Of course, it takes an inspection to settle it, but in our industry, our food and refreshment costs can be very large. It's not unheard of to have to pay through the nose for bottle water - so we claim it as an expense. If you are living on a tour bus, you simply cannot make a packed lunch, even if you wanted to - so unhealthy expensive food is the only possibility.

    This morning I met a potential client in a hotel - two coffees cost me £7 - I'm claiming this as a genuine expense of doing business. Should I have taken a flask?

    And a rug to sit on, outside on the grass, with!

    I think most of us in, and, this industry are to small for the tax man to really be bothered about tbh. Effort v's return looking at my accounts, picking through each job and the associated costs over the last few years would take forever I would think, for little if any return. Anyone with anything worth recovering is most likely at the point of operating as a limited company I would think. Everything I give the accountant to look at I have a valid justification for.

    Not fitting into one of there pigeon holes would likley keep the bottom tire inspectors tied up in knots for a while (I say that having experienced the VAT man when I first registered, thread on here somewhere about the fun I had with them claiming back UK VAT from an EU company.... the poor chap really couldn't get his head around it..).

    But, I'm interested to see what the tax brains on here's take on it are.

    Regards,

    Matt
     
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    Willow90

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    Thanks to all for the discussion and advice.

    So just to be clear (sorry for being slow at this)

    If one transfers in an asset at 18% per year that is worth £5,000, if you stop being self employed and the asset is now worth £6,000 you will be liable for tax on the £1,000 increase in value (so £200 if you have earned £10k) If, on the other hand, it is now worth £4,000 you would offset £1,000 against any tax liability as a balancing allowance. If it is still worth £5,000 you just keep the asset with there being no impact on tax.

    So if you are a self employed musician you can transfer in your instruments/capital assets and the only way you will have to 'pay to keep them' is if you stop being self employed AND they have increased in value?

    Thanks again.... sorry if I have got this totally wrong!
     
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    Willow90

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    Think this makes sense.

    So if you have a preowned item worth £10,000 you can transfer it into your self employed business; you can claim 18% Write Down Allowance (£1,800) in year one. In year two you can claim 18% of £8,200 etc etc.

    If you cease trading and the item is now worth only £5,000 you will be liable to pay tax on anything above the most recent 18% allowance. So if it this was in year two (hypothetically though it wouldn't be) the 18 % of £8200 is £1476.

    So the difference between the market value (£5k) and the write down value (£1476) would be liable for a balancing charge.

    Is that correct?
     
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    Scalloway

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    If the market value of the item is more than the written down value when you cease self employment then you are correct, there will be a balancing charge. You are not obliged to claim the full WDA each year if you do not wish to. To avoid a balancing charge you could only claim enough to cover the diminution in value.
     
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