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Employers CD-ROM update November 2010

Posted by: edwinsmith on November 11th, 2010

HMRC have issued an important update for the 2010 Employer CD-ROM.

You should download and install the Employer CD-ROM November update by clicking the link. This should be completed even if you have previously updated the Employer CD-ROM.

You will know that your CD-ROM has successfully updated if the Home Page shows in the top right hand corner 'November Updated Edition'.

Installing the update now will ensure that you are using the correct, most up to date version and it will ensure your 2010 CD-ROM is compatible with the new PAYE tools when they become available next year. See our previous blog regarding the September update for information on the HMRC PAYE tools which will be available to download at the beginning of 2011.

It is advised to take a back up of the employer database before installing the update.  Please click this link for information on how to save a backup.

Please contact us if you have any questions.

Filed under: PAYE

Employment Status – Employed or Self Employed?

Posted by: edwinsmith on November 8th, 2010

Where there is doubt on the employed/self employed status of someone being paid by an employer then HMRC may attempt to reclassify the payee (worker) from self employed to employed.  If this were to happen, the employer must then account for tax and NIC on such payments. These situations can arise in businesses from PAYE audits being carried out by HMRC.

Remember the onus is on the employer to obtain the correct treatment of the workers engaged be they employed or self employed. An incorrect determination of a worker’s status (someone treated as self-employed when they should be employed) can lead to significant amounts of PAYE/NIC being paid by the employer going back several years. Penalties and interest could also be charged.

If employers are unsure of the status for any worker or wish to confirm the status before making any payments to a new worker then HMRC have an online tool named the Employment Indicator Status (ESI) tool which can be found at the following link HM Revenue & Customs:Employment Status Indicator (ESI). It is available for all employers to use although the tool was initially brought in to determine employment status for workers engaged in the construction industry where these issues are common.

The ESI tool will lead the employer through a series of questions in connection with the worker and although the tool does not as yet provide a legally binding result on a workers status in practice HMRC will normally accept the results provided by the tool. This will be dependent on reasonable answers being provided to the questions and the answers must be what happen in practice and not just theory.

It is important that the employer takes note of the ESI reference number and prints out the enquiry details in case a workers status is challenged by an HMRC officer. HMRC will only be bound by the ESI outcome if these copies can be produced.

Please contact us if you require any further advice in this area.

Filed under: PAYE, Tax

Employers CD-ROM update September 2010

Posted by: edwinsmith on September 23rd, 2010

If you are using the 2010 CD-ROM, HMRC have issued an important update.

You should download and install the Employer CD-ROM September update by clicking the link. This should be completed even if you have previously updated the Employer CD-ROM.

You will know that your CD-ROM has successfully updated if the Home Page shows in the top right hand corner 'September Updated Edition'.

Installing the update now will make sure your 2010 CD-ROM is compatible with the new PAYE tools when they become available next year. HMRC will not send you a paper Employer Annual Pack and Employer CD-ROM to finalise 2010-11 and start 2011-12. Instead of a CD-ROM a set of PAYE tools will be available to download straight to your computer. They will be compatible with your 2010 CD-ROM as long as you have downloaded the September update. The tools will include:

  • the Employer Database
  • all the calculators
  • forms to fill in from the database
  • learning modules

We will alert our clients nearer the time, but if you would like to receive an email alert from HMRC when the new downloads are available please review our previous article Employer email alerts service to register.

Filed under: PAYE

NIC holiday for Employers

Posted by: edwinsmith on September 16th, 2010

The government scheme to allow certain employers a 12 month holiday from paying class 1 employers National Insurance contributions (subject to certain conditions) began on 6 September 2010.

The scheme has the potential to save the employer up to £5,000 per employee for the first 10 employees hired, subject to the following conditions:

  • The business must be based in a qualifying location (explained below)
  • The business must be considered as new according to the guidance issued and have started trading during the qualifying period
  • The employees included must be hired within the first 12 months of business 

If you believe your business satisfies the qualifying conditions, you should contact HM Revenue and Customs to confirm your entitlement to join the scheme (you must not take advantage of the scheme before obtaining HMRC’s approval).

Locations covered

In order to qualify for the holiday, the business must be able to demonstrate that the principal place of business is in one of the following locations:

  • Northern Ireland
  • Scotland
  • Wales
  • East Midlands
  • North East
  • North West
  • South West
  • West Midlands
  • Yorkshire and Humber

The principal place of business is where the majority of business activities are carried out.  If there is no one obvious place of business because it is internet based or the activities are carried out equally in numerous locations, the principal place of business will be deemed as the administrative base  i.e. where your paperwork is stored or meetings are held. 

If you are unsure which region your business falls into, there is a region finder on the Government office network website.  If your principal place of business is in another European Union country you should contact the HMRC New Employer helpline.

If you believe that your business meets the location criteria and would like further information on the new business and qualifying employee guidelines, please contact us.

Filed under: PAYE

Revised tax calculations issued by HMRC

Posted by: edwinsmith on September 8th, 2010

HM Revenue and Customs (HMRC) are currently issuing letters to tax payers who they believe have under or over paid tax during the tax years 2008/09 and 2009/10. 

The revised calculations are based on information provided by employers and pension providers who have paid income to the individual after deducting PAYE and National insurance at source.

Most individuals will have paid the correct tax and therefore should not expect to receive a letter, but those who do should check the tax calculation carefully to ensure the details are correct.

In order to check that a revised tax calculation is correct, you should

  • Agree the amounts shown on the calculation to your forms P60, P11d or annual certificates for each source of income. 
  • Ensure that the correct allowances have been applied to your calculation based on your age, marital status and any other circumstance affecting personal allowance.

If you agree that your calculation is correct then you do not need to take any action as any repayment will be made to you within seven days and any payment due under £2,000 will be collected from your future income using your PAYE coding notice which will be applied to your future salary or pension. Payments due over £2,000 will be collected separately and HMRC will tell you how to make this payment.

If you believe that your calculation is incorrect then you should contact HMRC as soon as possible to inform them of the error.

In some cases, where the underpayment should have already been collected by HMRC based on information already provided, it may be possible to be granted an extra statutory concession so that you do not have to pay back the amount.  This is a rare situation and is at the discretion of HMRC, so any individual who believes this is the case should contact HMRC as soon as possible.

If you would like assistance with checking your revised tax calculation or understanding future PAYE coding notices, please contact us to arrange a consultation.

Filed under: PAYE, Tax

Change to National Minimum Wage

Posted by: edwinsmith on August 25th, 2010

From 1 October 2010, the National Minimum Wage rates will increase, as per the table below.

This year is the first year that includes a minimum wage for apprentices and the new adult minimum wage rate will be extended to 21 year olds.

Old rate(per hour) Employee New rate(per hour)
£5.80 Workers aged 21 and over(previously 22 and over)   £5.93
£4.83 Workers aged 18 to 20    £4.92
£3.57 Workers aged 16 to 17    £3.64
- Apprentice under 19    £2.50
- Apprentice 19 and over but only in the first year   £2.50

 

Please contact us if you have any questions.

Filed under: PAYE

When was the last time you checked your PAYE tax code?

Posted by: edwinsmith on August 17th, 2010

Receiving a bonus, a pay rise or increasing your income in any way, could increase your tax bill by much more than you think.

Most people in the UK are entitled to a personal allowance, the amount of which depends upon your age. The personal allowance allows you to earn a specific amount of income without having to pay tax. Income in excess of your personal allowance is taxed at a variety of rates depending upon your level of income and the type of income received. From 6 April 2010, the personal allowance is reduced as your earnings increase over the current threshold of £100,000. For every £2 of adjusted net income above £100,000 you will lose £1 of your personal allowance. This means that once your net income reaches £112,950, you will not be entitled to receive a personal allowance for the current tax year.

Your adjusted net income is generally found to be your gross income from all sources less pension contributions and gift aid donations but specific advice should be taken to assess this figure.

If you are employed then your tax liability is generally deducted each month by your employer under pay as you earn (PAYE) and so most people would expect the correct tax to be paid. However, to calculate the tax, the employer uses your tax code which could be incorrect for a variety of reasons resulting in you under or overpaying tax.

If your tax code is incorrect due to an excessive personal allowance being given, a 40% taxpayer with one employment and no other income could easily have an underpayment of up to nearly £2,600 despite their salary being taxed at source.

Tax codes are generally issued by HMRC around the start of the tax year. To calculate how much personal allowance to give you in the code, HMRC base their calculations on the level of income which you received in the previous tax year. If you earned over £100,000 in the previous year, then it is likely that your personal allowance has already been reduced to an appropriate level. If you earned less than £100,000 last year and expect to earn in excess of that amount this year, then you should check your PAYE tax code. If you have a personal allowance of £6,475, then you should contact your tax office to provide them with an updated income estimate. They should then provide an updated tax code if appropriate. You may then pay more tax for the rest of the tax year.

If you complete a self assessment tax return, then any underpayment will be collected through self assessment. If you do not do so, then any underpayment will be assessed by HMRC and you may receive an unexpected tax bill.

It is in your interest to keep an eye on your level of income and the personal allowance that HMRC may have allocated you for this year and future years.

If you are worried that your tax code may be incorrect or have any more questions, then please contact us.

This article is for general information only and is not intended to be advice to any specific person. You are recommended to seek competent professional advice before taking or refraining from taking any action on the basis of the contents of this article.

Filed under: PAYE, Tax

Employer email alerts service

Posted by: edwinsmith on July 28th, 2010

HMRC is aiming to reduce the amount of information it posts to employers by replacing it with online guidance and downloads. HMRC has already withdrawn the paper version of the Employer Bulletin, which instead can be read online. Signing up for the employer email alerts will notify you when there is new guidance and downloads available, such as Employer CD-ROM updates and other important information.

HMRC strongly recommend that all employers subscribe to the email alerts to stay up to date and to help run your payroll.

To register for the employer mailings email alert you will need your:

- Employer PAYE reference number

- Employer name

- Email address

- Telephone number and contact name.

Each registration will last for up to one year after which HMRC will send you an email asking you to re-register. This is simply to ensure that the contact details held for this purpose are kept up to date.

You won’t be able to sign up for email alerts if your company is in liquidation or receivership, or if you operate any of the following:

- the Simplified Deductions Scheme

- a scheme deducting National Insurance only

- a scheme with no employees - for example a contractor only, fees only or sick pay scheme

- a scheme designed for the taxation of electoral roll payments

- a profit sharing scheme

- a contractor only scheme

- a Taxed Award scheme

- a foreign employer who operates a special UK system

If you fall in to one of these groups, you will continue to receive paper products as usual.

Please not that only one email address can be used for each Employer PAYE reference.

Please contact us if you have any questions or refer to the HMRC employer email alert service information.

Filed under: PAYE

Reimbursing business mileage

Posted by: edwinsmith on July 16th, 2010

Employers

Employers can reimburse employees using their own car, van, motorcycle or cycle for business travel by using tax free Approved Mileage Allowance Payments or AMAPs for short. The current rates are:

Kind of vehicle Rate
Car or van 40p for the first 10,000 miles

25p after that

Motorcycle 25p
Cycle 20p

Employees can also receive a tax free payment for carrying passengers on business journeys in their own car or van at the rate of 5p per mile.

If the employer pays more than the approved amount, the excess should be returned on form P11D or P9D. If you pay the exact amount, you do not need to notify HMRC. If you pay less (or nothing at all), the employee is entitled to a deduction for the shortfall as Mileage Allowance Relief. This can be done by completing a P87 form - Tax relief for expenses of employment, and submitting this to HMRC without the need for completing a self assessment tax return. However, the passenger rate cannot be claimed if your employer doesn't pay it.

If your business is registered for VAT you can claim input VAT on the fuel element only of the mileage allowance providing there is documentation in support of the claim. Unless the employee purchases the road fuel using fuel card, credit card or debit card provided by the employer, the employer must retain invoices issued to employees when the fuel is delivered to them. This can be a full VAT invoice or a less detailed VAT invoice. Input tax may only be claimed on the cost of fuel for business use in making taxable supplies. As such, the invoices only need to cover this amount.

HMRC accept that the amount of the invoice in many cases will not match the input tax claim in respect of business fuel in any one claim period and invoices may cover more than one period, particularly where fuel is purchased towards the end of a period. Clearly, a claim cannot be supported by a VAT invoice which is dated after the dates covered by the claim. This means, in practice, that it may be advisable for employers to arrange for their employees who use, or may use, their cars for business purposes to retain all fuel invoices. This will ensure that, at the end of the claim period, the value of business fuel is covered by an invoice.

HMRC publish their own advisory fuel rates per mile rates every 6 months but also accept rates set by recognised motoring agencies, eg RAC, AA etc. The input claim is calculated by multiplying the fuel element of the mileage allowance by the VAT fraction, currently 7/47, and then 1/6 from 1 January 2011 when the rate of VAT increases to 20%.

Records to keep of employees’ mileage

If employees are paid a mileage allowance the employer must have records for each employee showing:

  • the mileage travelled
  • whether the journey is both business and private
  • the cylinder capacity of the vehicle
  • the rate of mileage allowance and
  • the amount of input tax claimed (and VAT receipts if input is claimed)

Self-employed taxpayers

Self-employed taxpayers can compute their expenses using the above fixed rate mileage allowance per business mile if the annual turnover of their business is less than the VAT registration threshold when they first use the vehicle. This method is intended to make things simpler for small businesses. No one has to use it. Taxpayers who do not use it should deduct the actual amount they spend. In either case the journey must be made wholly and exclusively for business purposes.

Taxpayers can only use the mileage rate basis if they apply it consistently from year to year. They can only change to or from an 'actual' basis when a vehicle is replaced.

If the turnover of the business increases and exceeds the VAT registration threshold, then the taxpayer should continue to use the mileage rate basis until the vehicle is replaced.

If there is a change in the VAT threshold, then the taxpayer should continue to use the same basis until the vehicle is replaced.

Filed under: PAYE, Tax, VAT

Late PAYE payment penalty warning letters

Posted by: edwinsmith on July 9th, 2010

With the introduction of penalties for late PAYE payments, HMRC will be sending warning letters if you do not pay on time. This may be done the first time in the tax year if HMRC think the payment is late (see our previous article Penalties for late PAYE payment to be issued from 2010/2011).

The letter is not a penalty notice and is only to let you know that HMRC think a payment has been made late and that a penalty could be charged. You may not always get a warning letter and importantly you would still get charged a penalty if you have made a late payment (normally more than once in tax year).

Obviously if a payment has been made late then you need to ensure you pay on time to avoid becoming liable to a penalty in future – see below for ways to remind you of tax deadlines.

If you believe that you have been sent a letter in error then you do not need to contact HMRC. You need to make a note of why you don’t think a penalty would be chargeable in case HMRC contact you in future concerning penalty action.

HMRC will contact you before a penalty is charged and will send you a penalty notice.

Avoiding warning letters where no PAYE/NIC due 

If no PAYE/NIC payments are due then you can avoid an unnecessary warning letter or payment reminder by informing HMRC on or before your normal payment that no payment is due. You can do this using the HMRC online notification service for no PAYE/NICs payments due.

Reminders for tax deadlines

If would like email alerts to remind you of various tax deadlines there is a useful link tax deadline email alerts on the Business Link website  that will enable you to setup a tax deadline calendar personal to your business. You will need to register with Business Link and then following instructions shown in the above link and provide some basic information on your business.

Filed under: PAYE