Revenue E-Brief Issue 06/2006, 17th February 2006
It is an established principle under tax law that, where an employer pays or reimburses the travel expenses of an employee who attends for duty at his/her normal place of work, the amount paid or reimbursed is to be treated as part of the employee’s remuneration and taxed accordingly. Journeys undertaken to return to work in emergency or 'on call' situations do not alter this principle.
There is, however, one exception to the general principle. Tax case law has found that people with 'specialist' skills may be working from the time they receive notification to attend their normal place of work to deal with an emergency. The type of case to which the exception applies is one where a 'specialist', because of the grave consequences of the relevant situation, must give instruction or direction to those present at the situation and also have a responsibility for the emergency while travelling to the normal place of work. It is not envisaged that many such cases arise in practice. In such cases, the reimbursement by the employer of the expenses of travelling to and from the normal place of work may be made without deduction of tax.
With effect from 1st January 2006, except for those to whom Paragraph 2 applies, where employees are required to attend their normal place of work outside normal working hours to deal with emergencies requiring their immediate attention, the travel expenses (i.e. the cost of taxis or mileage expenses up to the appropriate civil service mileage rate) to and from their normal place of work may be paid without deduction of tax in respect of a maximum of 60 such emergencies per annum.
Emergency in this context is dependent on the nature of the industry but, in general, encompasses an unforeseen or sudden event:
An emergency does not include an event where staff are required to attend their normal place of work outside their normal working hours to, for example:
Whether a 'call out' is in respect of a genuine emergency is a question of fact, having regard to relevant facts and circumstances supported by the records kept relating to the event.
While it would be expected to be rare, if, in a particular situation, the number of emergency 'call outs' is in excess of 60 per annum, the employer should contact the local Revenue office for guidance.
Revenue On-Line Service is the easiest and quickest way to meet your tax obligations.
17th February 2006