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The 'letter' of the rules or the 'spirit' of the rules?

By Carol Barrie on Feb 9, 09 06:39 PM in Tax

The hot topic in the newspapers over the past few days has been Jacqui Smith claiming 'second home' expenses for the house she shares with her husband and children. Ms Smith maintains that she is permitted to claim second home expenses on the family home in Redditch on the basis that her main residence is in London with her sister.

The rules for MPs expenses apparently state that "the main residence is where the MP spends more nights than any other". Isn't all this rather missing the point!?
The rules that permit MPs to claim expenses incurred in relation to a second home where it is necessary for them to have both a home in London and a home in their constituency appear entirely reasonable and something we should all support in principle.

Why should MPs have to suffer the costs of running two homes for the electorates benefit?

The point is surely, however, that they should only be able to claim these expenses where they are actually incurring additional costs on behalf of all of us over and above the normal household expenses that every family has to incur.

The crucial point here appears to be that Ms Smith appears highly unlikely to have incurred additional expenditure at anything like the level which she has claimed.

The only information we have is that she pays more than a pepper corn rent at her sister's London home. It would have to be a great deal more than a peppercorn to justify her expense claim of £116,000 over several years.

The fact is that if the rules permit Ms Smith to claim more than the extra cost that she would have to bear for one home, then the rules should be changed. The rules should not effectively allow an MP to run his or her ordinary family home at the expense of the country.

But in any event should Ms Smith not be abiding voluntarily by the 'spirit' of the rules, rather than the strict 'letter'.

HMRC would certainly not permit an employer to reimburse tax free anything other than additional costs incurred by an individual having to live in two places because of their job! Could this be another area where there is one tax rule for politicians and another one for the rest of us?

What are your views?

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1 Comments

Frank said:

The FRAUD ACT 20061
2 Fraud by false representation
3 Fraud by failing to disclose information
4 Fraud by abuse of position

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