Tax Report

Describing the reporting responsibilities for employers in relation to benefits-in-kind.

If you (‘ you’ indicating an employer) gave your workers with taxable advantages in the tax year 2023/24, which you did not payroll, you require to report those benefits to HMRC no behind 6 July 2024 on form P11D. You will certainly also need to file a P11D( b), which is your employer’s statement and your Class 1A National Insurance return by the exact same day.

As HMRC no more accepts paper forms, these should be filed digitally. Penalties are charged if you file your returns late.

You should additionally supply your workers with a copy of their type P11D or information of the information that it consists of on or before 6 July 2024.

When is a P11D needed?

You will certainly require to file P11D details for an employee for the 2023/24 tax year if, because tax year:

 

  • you supplied taxable expenses and benefits to that employee, or to a member of the employee’s family or household;
  • the benefit was provided by reason of the employee’s employment;
  • you did not payroll the benefits; and
  • you did not opt to satisfy the tax on the employee’s part by including the advantage within a PAYE settlement contract (PSA).

Exempt benefits

You do not require to report exempt benefits Nonetheless, it is very important to note that an exception will just use where the connected conditions are fulfilled.
Most exceptions are lost where the advantage is provided under a salary sacrifice or various other optional remuneration plan (OpRA).

Payrolled benefits

Payrolled benefits do not require to be reported on the P11D, as the tax due on those advantages has been gathered via the payroll from the employee’s money pay. However, if you have actually payrolled some advantages but not others, you will certainly require to file a P11D to report those advantages which have not been patrolled.

Presently, it is not possible to payroll the benefit of an inexpensive employment-related loan or living holiday accommodation, and where these have actually been provided, they should be alerted to HMRC on the employee’s P11D.

Payrolled advantages need to likewise be considered when determining your Class 1A National Insurance contributions liability for 2023/24 on your P11D( b).

Paid and compensated expenses

The exemption for paid and compensated expenses suggests that no tax liability arises where you either satisfy an expense on an employee’s behalf or compensate an employee for an expense that they have actually sustained if the expense would certainly be deductible by the employee if they sustained it personally. This will be the case if the expense is sustained wholly, solely and always in the performance of the responsibilities of the employment or is a traveling expense for which a reduction is permitted (e.g., where it connects to business traveling).

Expenses dropping within the extent of this exception are neglected for tax purposes and do not need to be reported to HMRC on the employee’s P11D.

Products consisted of within a PSA

You can use a PSA to work out the tax liability occurring on specific benefits on an employee’s behalf.
If you have a PSA in force for the tax year 2023/24, you will pay tax on the employee’s part on items included in the PSA– there will be no tax for the employee to pay. As a result, things included within a PSA ought to not be reported to HMRC on the employee’s P11D.

A new PSA for 2023/24 must be agreed with HMRC by 5 July 2024. When set up, a PSA continues to be in position up until you terminate it or it is cancelled by HMRC.
Where you have a PSA already in place, you must assess it prior to 5 July 2024 to make certain that it remains valid, and make any type of adjustments that are required by this day. If your PSA is not needed for 2023/24, it should be terminated by this date.

The taxed amount

While the information that needs to be provided in regard of a particular advantage offered to an employee varies depending on the benefit, in all situations you will require to supply information of the taxed quantity. Unless the benefit is made available to the employee under an OpRA, the taxable amount will be the money equal worth of the advantage.

Some advantages, such as company cars and vans, living accommodation and employment-related loans, have their very own details policies for computing the cash money equivalent of the benefit. Where there is a details regulation, this should be followed.

HMRC creates some helpful worksheets which can be made use of to calculate the cash money equivalent of particular advantages.

These are offered on the Gov.uk web site at:

www.gov.uk/government/publications/paye-draft-forms-p11d-working-sheets-2023-to-2024.

In the absence of a details guideline, the general guideline is used to exercise the money matching of the benefit. Under the basic policy, the cash money equivalent worth is the price to the employer of providing the benefit, much less any kind of amount made good by the employee.

The cost to you of offering the advantage is the expense that is sustained in or in connection with its provision inclusive of VAT, no matter whether this is consequently recovered.
This regulation is modified in certain situations.

Where a possession is offered for an employee’s usage without transfer, the expense of the property is the annual expense of the asset (less a deduction for any duration when the possession was not available for the employee’s personal use). The yearly cost of the advantage is the higher of the annual worth of the possession and the yearly quantity paid by the employer in rent or employ fees. You additionally need to appraise any kind of additional expenses, such as any costs incurred in obtaining or renting out the possession. If the possession is land, its yearly worth is its rental worth. For any other asset, its annual worth is 20% of the market value at the time when it was first offered as an employment-related benefit.

If an asset has actually been used or has actually diminished prior to being transferred to the employee, the expense of the asset is required its market price at the time of transfer. However, this number is readjusted if the property has actually previously been supplied to any type of employee (not just the one to whom it is transferred) as an employment-related advantage.

For an internal advantage, the cost of supplying the advantage to the employee is the minimal cost.

Making good

Having established the expense of the benefit, any kind of amount ‘made good’ by the employee is subtracted to reach the money matching of the advantage.

‘ Making good’ simply suggests giving something in return for an advantage. This will typically be in the type of cash money, whether by salary deduction or by straight payment.

However, where the advantage is reported to HMRC on the employee’s P11D, for the quantity ‘made good’ to be considered in computing the cash money comparable worth, the ‘making great’ have to be done by 6 July following completion of the tax year (i.e., by 6 July 2024 for benefits provided in the 2023/24 tax year).

The different evaluation policies

Where an OpRA, such as a salary sacrifice plan, is utilized to make a benefit offered to an employee, the different valuation guidelines will relate to identify the taxed quantity unless the benefit is just one of a handful of benefits to which these rules do not apply. This is the case where the benefit in question is a payment into a pension plan scheme or employer-provided pension plan advice, childcare coupons, workplace nurseries and directly-contracted childcare, cycles and cyclists’ safety and security equipment or a car with CO2 emissions of 75g/km or much less.

Under the different appraisal guideline, the taxable quantity is the amount of salary inescapable, less any type of amount made good by the employee where this is greater than the cash equal value computed under the normal rules.

Online filing alternatives

HMRC currently only accepts P11Ds and P11D( b) s submitted online. If you have 500 or fewer P11Ds to file, you can use either HMRC’s PAYE Online Service to apply for cost-free or a commercial software.
If you have more than 500 P11Ds to file, you should make use of a business software package.

Class 1A NICs

Your Class 1A NICs liability must be paid by 22 July 2024 if you make your payment online, and by the earlier date of 19 July 2024 if you pay by cheque.
Interest is billed if you pay late.

Practical tip

Make certain that you understand your filing commitments in relation to expenses and advantages provided in the tax year 2023/24, which you fulfill the 6 July filing deadline.

Thanks for Reading: Martin J Craighan – Director Salford Tax Specialists Ltd