Employee benefits can give rise to complicated tax and National Insurance (NI) considerations. You need to ensure that your payroll systems deal with employee benefits properly, including completing P11D forms.
Various regulations have been introduced to reduce the tax advantages of employee benefits, ensuring that most of them are treated as taxable benefits. Even so, some employee benefits offer significant tax advantages.
Employee benefits are dealt with through the PAYE system, along with employees' earnings. The way employee benefits are treated varies for different kinds of benefit.
Employee benefits in the form of cash - such as bonuses and commission - are taxable benefits treated in the same way as the employee's salary or wage. Special anti-avoidance rules apply to benefits that are readily convertible into cash, making these taxable benefits as well.
Employee benefits in kind can be treated differently, depending on the particular type of benefit. Some employee benefits are handled through the regular payroll, with tax and NI deducted at the time. Other taxable benefits are declared on the annual P11D.
Note: the PAYE system changed in April 2013 so that businesses are required to report PAYE information in real time.
Most employee benefits are taxable benefits. Details of benefits must be included on a P11D for company directors and for employees earning over £8,500 a year (including the value of any benefits).
Note: This threshold will be abolished in April 2016 so that all employees in receipt of benefits-in-kind (with the exception of certain 'trivial' benefits worth less that £50) will pay tax on those benefits. Employers will also become liable to NICs on any expenses and benefits provided.
However, there are still several important tax-planning opportunities. Employers' pension contributions are not a taxable benefit. Other employee benefits with favourable tax or NI treatment include share schemes such as share incentive plans, some childcare benefits, various small gifts, some suggestion scheme awards and car parking facilities at work. Items needed for work such as uniforms or eye tests can also be non-taxable benefits.
Employees' business expenses can be repaid free of tax and NI, provided there are proper records and the employee is only being reimbursed, not making a profit.
Because National Insurance contributions are generally calculated on a weekly or monthly basis, employees may benefit if their incomes are variable - for example, if they receive lump-sum bonuses in one particular month. If the bonus takes the employee's earnings over the upper earnings limit for that period - £815 per week, £42,385 per year in 2015-16 - employee's NI on the excess is only charged at 2% instead of 12%.
Currently, if an employee earns less than £8,500, a P11D does not have to be completed. Instead, employee benefits are reported on a P9D and treated differently. From 2016-17, all expenses and benefits on form P11D.
Additional rules exist to help prevent company directors taking advantage of tax-planning opportunities. In particular, company directors' National Insurance contributions are based on annual earnings, so there is no advantage to taking bonus payments rather than regular income. P11Ds must be completed for company directors, even if their earnings are below the current £8,500 threshold.
Directors can still take advantage of non-taxable benefits such as employers' pension contributions. You may not be able to take advantage of share schemes such as Enterprise Management Incentives if you and your family control more than 30% of the company.
Company owners may, however, be able to take advantage of broader tax-planning opportunities such as employing your spouse, taking payment in dividends and benefiting from Entrepreneurs' Relief on capital gains.
The taxation of dividend payments is changing from 6 April 2016. From that date, the first £5,000 of dividend income will be tax-free (no matter what other non-dividend income the recipient has). Any dividend income over £5,000 will be taxed at either 7.5% (for basic rate tax payers), 32.5% (higher rate tax band) or 38.1% (additional rate band).
Find out more about the recent changes to the PAYE system on the HMRC website.