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Online filing for small employers

Posted by: edwinsmith on March 31st, 2011

For small employers (fewer than 50 employees) there are various forms that must be filed online for 2011/12, some of which were not previously required to be filed online.

Starter and leaver forms (P46 and P45)

From 6 April 2011 employers with less than 50 employees will have to file starter and leaver forms online. You need to ensure that those responsible for sending starter and leaver forms are aware that the forms need to be sent online. If the information is sent on paper when it should have been sent online then you may be charged a penalty.

Employer Annual Return (P35 and P14s)

The Employer’s Annual return (P35) together with forms P14 must be filed online by 19 May 2011.

Exemptions from filing online

In certain circumstances you can claim exemption from filing online, which allow you to send your Employer Annual Return and your starter and leaver information on paper. If you want to claim exemption from filing online you must be:

 

  • A practising member of a religious society or order whose beliefs are incompatible with the use of electronic communication, or
  • A care and support employer. This means an employer that employs a person to provide domestic or personal services at or from the employer’s home where:

-         the services are provided to the employer or a member of the employer’s family

-         the recipient of the services has a physical or mental disability, or is elderly or infirm

-         the employer has not received a tax-free payment online with the last three years, and

-         it is the employer who delivers the Employer Annual Return and not some other person on the employer’s behalf.

If you wish to file on paper on the grounds of your religious beliefs or you employ a carer, please review the online filing exemptions section of the HMRC website to find out how to claim an exemption.

If you file your return on paper when required to file online, HMRC may charge you a penalty.

Registering to file online

Before you can file online you need to register with HMRC and you will find instructions on how to register if you go to HM Revenue & Customs: How to register for PAYE Online.

Other online filing

There are other forms that can be filed online such as returns of expenses and benefits (P11d (b), P11d and P9). For more information go to HM Revenue & Customs: Understanding and using PAYE Online for employers.

You can also receive information online such as tax codes and reminders. You can download a PAYE Desktop Viewer which can help you manage your online codes and reminders.

If you would like further information or would like to use us as your agent to deal with your PAYE affairs then please contact us.

Filed under: PAYE

PAYE Tools to Replace Employer CD-Rom

Posted by: edwinsmith on March 2nd, 2011

The new online PAYE tools replace HMRC’s Employer CD-ROM. It includes all the CD-ROM’s interactive features plus an automatic update facility, to ensure the tools are up-to-date with the latest information and figures.

Employers who have used the Employer CD-ROM will need to use the new PAYE tools for the remainder of the 2010-11 tax year and for future tax years.  However, the Employer CD-ROM will first need to be updated, be downloading and installing the November Employer CD-ROM update. Please see our previous blog article on the November Employer CD-ROM update for more information. You will need to open Employer CD-ROM 2010 to ensure that the November update has been correctly installed.  Once confirmed, the online PAYE tools procedures can be completed. 

Any employer can use these tools, but they are most useful for employers with up to and including nine employees.

HMRC strongly recommends that employers keep up to speed with other important PAYE developments by signing-up to their free Employer email alerts.  Please see our previous blog article on the employers email alert service for more information.

HMRC will no longer be mailing hard copies of guidance to employers, so these alerts are now the best way to ensure employers are up to date with PAYE issues.

Please contact us if you have any questions.

Filed under: PAYE

Revised Advisory Fuel Rates – 1 March 2011

Posted by: edwinsmith on February 28th, 2011

H.M. Revenue and Customs (HMRC) have published the latest advisory fuel rates relating to mileage payments for business travel in company cars. These are as follows: 

Engine size Petrol Diesel LPG
1400cc or less 14p 13p 10p
1401cc to 2000cc 16p 13p 12p
Over 2000cc 23p 16p 17p

The new rates will be effective from 1 March 2011, however for the first month employers may continue to use the previously published rates if they choose to.

These rates will be reviewed again shortly and any changes made will be effective from 1 June 2011.  The revised fuel rates will be published on the fuel rates page on the HMRC website when they are released.

Advisory fuel rates can be used to calculate the following:

  • Reimbursement to employees of fuel used for business travel in a company car
  • Repayment by employees of fuel used for personal travel in a company car
  • Allowable input VAT on business mileage claims

A more detailed explanation of the use of these rates is on the HMRC website.

The rates applying for earlier periods are also on the HMRC website.

If you have any questions regarding the use of advisory fuel rates or mileage payments please contact us.

Filed under: PAYE, Tax, VAT

Any ideas for the Budget?

Posted by: edwinsmith on February 25th, 2011

Chancellor George Osborne is calling on the British public for ideas on how to kick-start economic growth with the launch of an online Budget idea portal.

The portal will allow members of the public, interest groups and representative bodies to send their suggestions of what they would like to see in next month's Budget.

The Budget takes place on 23 March.

Filed under: PAYE, Tax, VAT

Mobile phones and PDAs – When are they tax free?

Posted by: edwinsmith on February 7th, 2011

Mobile phones and PDAs* provided to Employees (including Directors) - When are they tax free? 

*A PDA is a Personal Digital Assistant such as a Blackberry or device with similar functionality e.g. combines functions of a mobile phone with many of the functions associated with a computer.

 Mobile Phones

There is no charge to tax on one mobile phone provided to an employee. This includes any line rental or the cost of any private calls made for that phone paid for by the employer. The phone contract must be between the employer and phone company.

(This exemption is under s319 ITEPA)

A mobile phone provided to a member of an employee’s family or household is taxable in all circumstances unless the family or household member is provided with the phone as an employee in their own right. Money an employer pays to an employee to use their own phone is taxable.

If an employer provides a mobile phone to an employee solely for business use, and private use is not significant, there is no charge to tax.

(This exemption is under s 316 ITEPA)

Therefore it is possible for an employee to be provided with two mobile phones by an employer without creating a tax charge. One phone can be provided for private use (tax exemption under s319 ITEPA) and the other phone provided solely for business use (tax exemption under s316 ITEPA).

If the employer provides two phones for private or both have mixed private and business use then only one phone is exempt. The employee and employer decide which phone is exempt and the other phones costs are chargeable as a benefit in kind.

If the phone is in the name of the employee and the employer pays the phone provider direct then the exemption for a single mobile phone will not apply. The amounts paid must be apportioned between business use and private. The basic monthly airtime tariff will always be personal if the phone is in the name of employee. Therefore only business call charges not covered by the monthly tariff can be claimed as business expenses. The private element should be treated as salary subject to PAYE/NIC.

PDA (Personal digital assistant)

A PDA such as a Blackberry is not a mobile phone and if provided to an employee must be used solely for business use (and private use is insignificant) to be exempt from tax. PDA contract must be between employer and provider of PDA.

If a mobile phone is provided for personal use and a PDA is provided to an employee and used solely for business then both will be exempt from tax.

If two PDAs are provided to an employee then only the PDA used solely for business will be tax free. The cost of the other PDA which has private use will be taxable and should be included on the P11d.

Please contact us at Edwin Smith if you require further advice.

Filed under: PAYE

Construction Industry Scheme (CIS) new penalty regime

Posted by: edwinsmith on January 31st, 2011

From October 2011, the penalties for late or non-filing of a contractor's monthly return within the Construction Industry Scheme are changing.

The first return falling within the new penalty regime will be the return for the month ending 5 November 2011.

The following penalties will apply to that return and all subsequent months' returns that are not filed or filed late:

  • A fixed penalty of £100 immediately a return is late.
  • A second, fixed penalty of £200, two months after the filing date if the return is still outstanding.
  • If the return is still outstanding six months after the issue of the first penalty, a tax-geared penalty is charged which is the greater of £300 or 5% of the amount of deductions shown on the return.
  • If the return is still outstanding twelve months after the issue of the first penalty, a further tax-geared penalty is charged which is the greater of £300 or 5% of the amount of deductions shown on the return. Higher levels of penalty apply where, as a result of the failure to file the return on time, information has been deliberately withheld.

Interest will be chargeable on any penalty paid late.

In many cases, the new penalties will be less than what would be charged now. In particular, for new CIS contractors, there will be an upper limit to some of the penalties that are charged. This upper limit will apply when new contractors first send a monthly return, if that return and any other monthly returns that are sent at the same time, are late.

Although the new penalties do not start until October 2011, any contractor who has been, or is, charged penalties for filing a monthly return late before October 2011, may ask HMRC to:

  • work out how much the penalties would be under the new rules, and, if less than the amount already charged
  • agree that their penalties should be reduced to the lesser amount.

Please contact us for help if you have recently received a penalty.

Filed under: PAYE

BillPay Website Address Changes

Posted by: edwinsmith on January 13th, 2011

The web address for paying tax to HMRC over the internet with a debit or credit card has changed from 20 December 2010 to www.santanderbillpayment.co.uk/hmrc.
This applies to the following taxes:

  • self assessment;
  • PAYE/Class 1 National Insurance;
  • VAT;
  • stamp duty land tax;
  • corporation tax; and
  • miscellaneous payments.
Filed under: PAYE, Tax, VAT

Revised Advisory Fuel Rates – 1 December 2010

Posted by: edwinsmith on November 30th, 2010

H.M. Revenue and Customs (HMRC) have published the latest advisory fuel rates relating to mileage payments for business travel in company cars. These are as follows: 

Engine size Petrol Diesel LPG
1400cc or less 13p 12p 9p
1401cc to 2000cc 15p 12p 10p
Over 2000cc 21p 15p 15p

The new rates will be effective from 1 December 2010, however for the first month employers may continue to use the previously published rates if they choose to.

These rates will be reviewed again next year and any changes made will be effective from 1 June 2011.  The revised fuel rates will be published on the fuel rates page on the HMRC website when they are released.

Advisory fuel rates can be used to calculate the following:

  • Reimbursement to employees of fuel used for business travel in a company car
  • Repayment by employees of fuel used for personal travel in a company car
  • Allowable input VAT on business mileage claims

A more detailed explanation of the use of these rates is on the HMRC website.

The rates applying for earlier periods are also on the HMRC website.

If you have any questions regarding the use of advisory fuel rates or mileage payments please contact us.

Filed under: PAYE, Tax, VAT

Fee Protection Service

Posted by: edwinsmith on November 29th, 2010

The way H.M. Revenue and Customs (HMRC) operates is changing since the passing into law of the Finance Act 2008, which gives inspectors far greater powers than previously. HMRC are more determined to claw back money from taxpayers and are using more efficient methods of checking for non compliance.

The discovery of a simple, unintentional error causing an underpayment of tax may lead to penalties as well as the tax deemed owing plus interest. Disputes with HMRC can quickly spiral into time consuming and costly affairs. Even if no tax is found as owing, the professional fees incurred in handling the case will still need to be paid.

We at Edwin Smith are able to offer to all our clients a fee protection service which can significantly reduce the financial burden that you would face if you became the subject of an investigation by HMRC. For a small annual subscription, the scheme will provide you with the equivalent of up to £100,000 worth of our time in the event of a written intervention by the tax authorities and enables us to dedicate as much time as necessary to get the best result for you, without worrying about spiralling costs. For all business clients, included in the service at no extra cost, is access to a Business Support Helpline that you can call to help you through the legal minefield of today’s business environment.

If you are interested in taking up cover, please contact us.

Filed under: PAYE, Tax, VAT

Tax on Christmas Gifts and Parties

Posted by: edwinsmith on November 22nd, 2010

There are various tax implications to consider on gifts and parties that you may be providing to your employees at this time of year. The points detailed below are a general overview and cover the most common situations that arise.

Cash gifts or bonuses - These are treated as normal pay and subject to PAYE and Class 1 National Insurance contributions (NIC) in the normal way. The payment should be put through the payroll. This also applies to any vouchers you give that can be exchanged for cash (see below for PSA arrangements for small cash gifts).

Gifts to employees - Gifts that can be considered trivial benefits such as a turkey, ordinary bottle of wine or box of chocolates will not need to be declared on form P11d. There is no set monetary limit below which benefits are deemed to be trivial but common sense and judgement needs to be applied in assessing these items. For the purposes of gifts then probably any amount less than £20 per employee would be considered trivial.

Any gifts of a higher value (and classed as non trivial) such as cases of wine/hampers would be subject to tax and NIC and declarable either as a benefit on form P11d or the tax/NIC could be paid on these gifts by arranging a PAYE settlement agreement (PSA).

If declared on P9d or P11d (directors and employees earning over £8,500 pa) forms then non trivial gifts are subject to tax (for the employee) and Class 1a NIC is payable by the employer on items declared on the P11d.

A PSA is voluntary arrangement that on the part of the employer made with HMRC to account for tax/NIC for minor, irregular or impractical items subject to tax/NIC.

If a PSA is arranged then the employer effectively pays the tax due and relieves the employee of any tax liability on the gift. Although there is the extra cost of the tax/NIC a PSA cuts down on the paperwork and record keeping.

Money’s worth benefits such as Store gift vouchers (exchangeable for goods) cannot be treated as trivial benefits. For practical purposes small cash and money’s worth benefits can be included in a PSA. If not dealt with on PSA then Store gift vouchers should be declared on form P9d or form P11d (if employee earns over £8,500) to account for tax. For NICs the cost of providing the vouchers should go through the payroll at the time given to employee.

Christmas parties (and summer events) - Tax and NICs are not due on any annual function if the cost to you is less than £150 per head (including employees partners). The cost per head is the total cost of putting on the function – accommodation, food, drink etc divided by the total number of guests including the non-employees.

If the cost per head is greater than £150 then the whole amount would be subject to tax and Class 1a NICs and should be declared on form P11d in section N e.g. if the cost of an event is £175 per head the employee (with a partner) is taxed on a benefit of £350.

Please contact us for any further advice.

Filed under: PAYE, Tax