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OXFORD BRANCH P11D
                      UPDATE

                    MIKE EVANS
                  MY CONSULTANCY
                   14TH March 2012




MY CONSULTANCY
INTRODUCTION

•   Reporting requirements
•   Preparing for P11D Filing
•   Exemptions and exclusions
•   2011/12 P11D Changes
•   Calculating the cash equivalent
•   Future changes for company cars


     MY Consultancy
REPORTING REQUIREMENTS

• Income tax charged on emoluments of an office or employment
• Income includes salaries, fees, wages taxed through PAYE and
• Perquisites and profits whatsoever, where P11Ds are needed
• „Profit‟ may arise from payment of non-business expenses or if
  employees are paid more than the business cost incurred
• Expenses are part of an employee‟s employment income
• Expenses and benefits have to be reported on form P11D
• Unless covered by a P11D dispensation




    MY Consultancy
REPORTING REQUIREMENTS

Form P9D (Rarely used)
• No need to report expenses incurred solely and necessarily in
  the performance of the duties and business travelling expenses
• Report other expense payments in excess of £25, including:
   • Round sum allowances e.g. mobile phone top ups
   • Relocation expenses and benefits
• Any other payments or benefits
• Vouchers and credit cards
• Accommodation benefit


    MY Consultancy
REPORTING REQUIREMENTS

Form P11D
• Report ALL expenses and benefits provided to employees and
  directors (or to members of their family or households)
   • If provided by virtue of their employment”
• Include costs met directly by the employer
• Reporting not restricted to amounts reimbursed
• Unlike form P9D we cannot exclude expenses solely and
  necessarily in the performance of the duties
• Report everything not specifically excluded or covered by a
  P11D Dispensation

    MY Consultancy
REPORTING REQUIREMENTS

• P11Ds are required for ALL directors
  • Except full time working directors with no material interest
    (5% ordinary share capital) and directors of a Charity or
    other non-profit making organisation
• P11Ds required for any employee or director earning
  at a rate of £8,500 p.a.
• Director includes any person in accordance with
  whose instructions the directors are accustomed to act


    MY Consultancy
REPORTING REQUIREMENTS

P11D OR P9D?
• At a rate of £8,500 per annum?
• Emoluments include
   • Salaries, fees, wages, bonuses, commissions and other cash pay, plus
   • Expenses, before any deductions and
   • Benefits in kind
• Emoluments exclude approved pension payments and GAYE
  contributions
• Part-time employee earning less than £8,500 per annum will be
  P9D

    MY Consultancy
REPORTING REQUIREMENTS

EXAMPLE - New employee started on 3rd January 2012
• Earnings to 5th April 2012            £7,500
• Expenses                              £ 164
• Medical benefit                       £ 240
• Total                                 £7,904
• Actual earnings less than £8,500, but
• Annual Rate (12/3 x £7,904) is        £31,616
• i.e. over £8,500 per annum
• P11D needed to report the medical benefit and the expenses
• If not covered by a dispensation
    MY Consultancy
REPORTING REQUIREMENTS

• 19 (20) April 2012 Payment of PAYE/NICs on expenses
• 19 May 2012 Submission of EOY PAYE returns
• 6 July 2012 submission of:
   • P11Ds, P9Ds and P11D (b)
• 19 (20) July 2012 for payment of:
   • Class 1A NICs on taxable benefits in kind
• 19 (22) October 2012 for payment of:
   • Income tax and Class 1B NICs on 2011/12 PAYE Settlement Agreement
     (PSA)
   • Cheques to reach HMRC by 19th and
   • Cleared payments to reach HMRC‟s bank account by 22 July or October


    MY Consultancy
MY Consultancy
PREPARING FOR P11D FILING

• How are the P11D returns to be submitted
   •   Paper forms or electronic submission?
   •   HMRC‟s Basic PAYE Tools (Print and file, not online)
   •   HMRC 'Online Return and Forms - PAYE' service ?
   •   P11D Software?
• Online P11D filing is optional, not statutory
• P11D software saves time and reduces errors
• Paper returns for back up, last minute filing or
  amendments

       MY Consultancy
PREPARING FOR P11D FILING

• Who is taking responsibility for the task?
   • Preparing/completing the returns?
   • Technical check/proof reading?
   • Submitting the returns to HMRC?
• Make that decision and agree a timetable
   • To provide the information if outsourcing
   • To submit the returns to HMRC
   • To meet the statutory deadlines



    MY Consultancy
PREPARING FOR P11D FILING

• What information do we need to complete the P11D returns?
• What expenses and/or benefits were reported last year?
• Review the P11D and/or Tax file
   • Set up a permanent file if necessary
• Is there a registered PAYE Settlement Agreement?
   • Note items to be excluded from P11D reporting
• Check the terms of any P11D dispensation
   • Note which items HMRC has agreed can be excluded from P11D
     reporting and that any conditions have been satisfied
• Is the P11D Dispensation still valid?


     MY Consultancy
PREPARING FOR P11D FILING

Contact anyone you need information from
• Payroll Department or Bureau for deductions from salary
   • Loan repayments, medical insurance contributions etc.
   • List of employees earning at a rate of £8,500
• Human Resources
   • Details of new benefits & Relocations
• Finance Department
   • Cost details of expenses and benefits
• Fleet manager or Leasing Company
   • Company car/fuel details
• Anyone else?
   • Relocation company or Medical Insurance provider?

     MY Consultancy
EXEMPTIONS AND EXCLUSIONS

• Expenses covered by a P11D dispensation
   •   Business travel and subsistence,
   •   Business entertaining
   •   Professional subscriptions
   •   Other items specific to the employment
• Taxable expense payments or benefits included in a PSA
   • Staff entertaining
   • Taxable travel
• Included in a Taxed Award Scheme
   • Normally third party incentives/awards



       MY Consultancy
EXEMPTIONS AND EXCLUSIONS

• Exempt expenses and benefits
  •   Car, motor cycle, bicycle parking at or near the place of work
  •   Modest private use of heavy goods vehicles
  •   Incidental overnight expenses
  •   Works transport Services
  •   Support for public bus services
  •   Travelling and subsistence during public transport strikes
  •   Transport between work and home for disabled employees
  •   Late night taxis from work to home


      MY Consultancy
LATE NIGHT TAXIS

• Limited exemption for transport from work to home
   •     Employees required to work later than usual (at least until 9.00 pm)
   •     Late working must be irregular (not infrequent)
   •     Public transport ceased or unreasonable to use it
   •     Limit of 60 journeys per annum (excess taxable)
• Expected abolition of exemption will not proceed!
• Abolition would impact on vulnerable groups
• Abolition would increase administration
   • Going against the aim of tax simplification
• Remember! HMRC requires detailed records to be kept to
  justify any claims for deduction or exemption
                              Tim Buss and Mike Evans for Quorum
       MY Consultancy                      Training
LUNCHEON VOUCHERS
                         TAX RELIEF
• Tax and NICs exemption on 15p per working day!
• Meal voucher provided by employer to an employee
   • Excess above 15 p liable to tax and NICs
• Relief introduced in 1946 when food rationing was in place to
  help individuals afford healthy meals!
• Benefit of the relief almost entirely eroded by inflation
• Low in value and no longer achieves a clear objective
• Relief will cease to be available for luncheon vouchers
  provided on or after 6 April 2013
• NICs exemption repealed from the same date
• Cycle to work meals exemption also scrapped
    MY Consultancy
EXEMPTIONS AND EXCLUSIONS

• Small gifts such as flowers for births, marriage
  • But not if a thank you or a reward
• Seasonal gifts such as a turkey, box of
  chocolates or ordinary bottle or two of wine
  • Not an expensive hamper or case of wine
  • If not trivial in amount!
• Free coffee/tea/water available to all
  • Tax free if not available to all on minor & trivial grounds

   MY Consultancy
MY Consultancy
2011/12 P11D CHANGES

• Only the tax year has changed, to 2011/12
• Still an A to N, Assets transferred to Section N, Expenses
• HMRC expected to take a tougher line on the P11D Quality
  Standard – warning letters issued last year
• Section D, Living accommodation, official rate of interest
  remained at 4% and note for Section H, beneficial loans
• Section E, Authorised Mileage rate increased to 45p for first
  10,000 business miles from 6 April 2011
• Section F changes to the car benefit rules – next slide
• Section M, Changes on childcare exemption

     MY Consultancy
CALCULATING THE CASH
                     EQUIVALENT




                   Cash
                 Equivalent
                     ?
MY Consultancy
HMRC GUIDANCE

• CWG5 (Class 1A NICs)
   • Appendix 1, Common Benefits
• 480 Expenses and Benefits
   • 27 Chapters and 11 Appendices of advice
   • Chapter 5 for non-taxable payments and benefits
• P11D Guide
• 490 Employee travel
• CWG2 Employer further guide to PAYE and NICs
   • Chapter 5 guidance on when PAYE/NICs due




   MY Consultancy
MY Consultancy
HMRC GUIDANCE

•   P11D working sheets to help calculate the cash
    equivalent of the following benefits in kind:
    1. Living accommodation
    2. Car and fuel benefits
    3. Company vans
    4. Interest free loans
    5. Relocation expenses and benefits
    6. Mileage allowance and passenger payments


    MY Consultancy
EXPENSES AND BENEFITS A to Z

    • http://www.hmrc.gov.uk/paye/exb/
•   Expenses and benefits: W
•   Workplace nursery
•   Water rates or charges for living accommodation
•   Welfare counselling
•   Working from home - office equipment and supplies
•   Works bus services
•   Workshop equipment and supplies



     MY Consultancy
CALCULATING THE CASH
                      EQUIVALENT
Amount paid by employer (or third party) on
            employee‟s behalf
     Matches entry on tax returns


                     15

                     15             1A
 MY Consultancy
CALCULATING THE CASH
                           EQUIVALENT
• P11D employee or director
  • Cost to employer
  • Or any third party provider!
• P9D employee
  • Second hand value
• N.B. There are some exceptions
  •   Company car and fuel benefits
  •   Company van benefits
  •   Living accommodation
  •   Vouchers

      MY Consultancy
VAT
      ALL EXPENSE PAYMENTS
    AND BENEFITS IN KIND MUST
     BE REPORTED ON THE P9D
        OR P11D ON A VAT
        INCLUSIVE BASIS

MY Consultancy
MAKING GOOD

Section 203(2) ITEPA 2003
• The legislation does not set a time limit on the "making good".
  This will usually happen shortly after the expense is incurred
  by the person providing the benefit. But you need not object to
  a belated "making good" if it is done within a reasonable time
  of the employee becoming aware that the chargeable benefit
  can be reduced, in whole or in part, by reimbursing the
  expense incurred by the provider.
  What constitutes a "reasonable time" will depend on the facts
  of the case. Do not allow a deduction for "making good" which
  takes place after a charge to tax on the benefit concerned has
  become final and conclusive.


    MY Consultancy
1A

          A. ASSETS TRANSFERRED

• Have any company owned cars been sold or given to a director
  or employee?
• Was the price paid the market value and can you prove that?
• Any other assets sold or given to a director or employee?
• Painting
• Clothes
• Office equipment
• Bicycles?




    MY Consultancy
C. VOUCHERS AND CREDIT CARDS

• Report value of vouchers and credit card payments
• Report expenses etc. using credit cards or tokens, but
• ONLY amounts not reported elsewhere
  • Section M or N?
• Taxable Childcare vouchers reported here
• Taxable Childcare (Employer Contracted) Section M




    MY Consultancy
E. MILEAGE ALLOWANCE AND
                  PASSENGER PAYMENTS
VEHICLE       FIRST 10,000 BUSINESS   EXCESS OVER 10,000
              MILES                   BUSINESS MILES


CARS                    45p                     25p


MOTOR                   24p                     24p
CYCLES


CYCLES                  20p                     20p

    MY Consultancy
APPROVED MILEAGE PAYMENTS
                 EMPLOYEE CARS
• Have employees kept cumulative business mileage claims and
  was the 45p rate reduced to 25p after 10,000 miles?
Example
   • Christine was reimbursed 45p for all business mileage
   • Christine claimed 14,808 business miles
   • Reportable excess is 4,808 x 25p = £1,202
   • £1,202 excess to be reported at P11D Section E




    MY Consultancy
APPROVED MILEAGE PAYMENTS
                 EMPLOYEE CARS
• If an employer reimburses less than the AMAP rate
   • Employees can claim additional tax relief
   • Employees can claim the „difference‟ between the
      amount reimbursed and the authorised amount
• Example – Employer reimburses 25p per mile
   • Employee can claim the additional tax relief due at
      20p per mile up to the 10,000 business miles limit
   • Claim 8,285 miles @ 20p (45p - 25p) = £1,657.00
       • Tax claim @ 20% = £331.40
       • Tax claim @ 40% = £662.80
       • Tax claim @ 50% = £828.50

    MY Consultancy
1A

          F. CARS (9) AND CAR FUEL (10)

• The information to be reported is:
  • Make and model of the company car
  • Date the car was first registered
  • Approved CO2 emissions figures [g/km]
       • www.vca.gov.uk
       • www.smmt.co.uk
  • Engine size [cc]
  • Type of fuel/power used [?]
  • Dates car was available


    MY Consultancy
SECTION F
                     CAR BENEFIT CHANGES
• There will only be three letters to describe cars
• E for electric only cars (as before)
• D for all diesels (previously types D and L), and
• A for all other types (previously types H, B, C, G & P)
• There will no longer be any reductions for alternative
  fuels
• The diesel surcharge will apply to all diesels,
  whenever registered


    MY Consultancy
FUEL POWER KEY

   Type of fuel         P11D Code   Adjustment

Zero emission cars                      None
                           E
(including electric
cars)
Diesel cars                         3% supplement,
                           D         subject to 35%
(all Euro standards)
                                       maximum
All others, including                   None
Hybrid diesels
                           A

MY Consultancy
SECTION F
                     CAR BENEFIT CHANGES

• The £80,000 limit for the price of a car for car benefit purposes
  no longer applies (from 2011/12)
• Expensive cars will now be taxed at their full List Price
Example
• 2010/11 List Price £120,000, assume 35% CO2
• Car benefit price capped at, £80,000 x 35% = £28,000 benefit

• 2011/12 List Price £120,000, assume 35% CO2
• Car benefit on List Price of £120,000 x 35% = £42,000 benefit
• Exclusion of certain security related costs!

    MY Consultancy
SECTION F COMPANY
                      CAR BENEFIT CHANGES

• Lower CO2 threshold (15% rate) reduced from:
   • 130g/km to 125g/km
• Lowest appropriate percentage is 0 per cent
   • Applies to cars with CO2 emissions of zero
• Cars with CO2 emissions of less than 75g/km have an
  appropriate percentage of 5 per cent
• Cars with CO2 emissions of 76g/km to 120g/km have an
  appropriate percentage of 10 per cent
• Thereafter the rate is 15 per cent increasing by 1 per cent for
  every 5 g/km to the current maximum of 35 per cent
   • Emissions of 225g/km and above

     MY Consultancy
1A

          F. CARS (9) AND CAR FUEL (10)

• Only use boxes when cars first provided or cease to
  be provided, or
• Where there is a change of car in the tax year
• Car unavailable before it is first provided
• Car unavailable after it is withdrawn
• Car treated as unavailable if the car is unavailable for
  periods of 30 consecutive days or more
• Car not treated as unavailable if employee is:
   • banned from driving, or
   • out of the country on business or holiday, or
   • unable to drive the car for another reason e.g. illness

    MY Consultancy
06 04 11   10 06 11   11 06 11   05 04 12




MY Consultancy
1A

           F. CARS (9) AND CAR FUEL (10)

• The list price is the inclusive price published by the
  manufacturer, importer or distributor if sold singly in a retail sale
  in the open market in the UK on the day before the date of the
  car’s first registration
• List price includes:
   • VAT, car tax, customs or excise duties and delivery charges
• List price excludes:
   • New car registration fee (admin charge)




     MY Consultancy
1A

          F. CARS (9) AND CAR FUEL (10)

• List price of each company car
   • Including standard accessories, plus
• List price of all non-standard accessories
   • Ignore later provided accessories if cost below £100 e.g.
     mud flaps
• List price probably not the price paid for the car
   • Ignore discounts and second hand price
• Use manual price for automatic car provided to a disabled
  employee
   • Booklet 480, paragraph 12.7
    MY Consultancy
1A
                           1,450                                         600




• Capital contributions reduce the list price of the car for
  employee making the contribution
   • Up to a maximum of £5,000
   • Might be paid for accessories e.g. tow bar
   • Not transferable to different employee
• Private use contributions reduce the company car benefit on a
  £1 for £1 basis
   • There must be a requirement to make payments as a condition of the car being
     available for private use, and
   • Payments must be specifically for that private use
   • Payments for supplies or services e.g. petrol or insurance
   • Do not qualify as private use contributions




    MY Consultancy
1A

           F. CAR FUEL SCALE CHARGE (10)

• A car fuel benefit charge will apply if any fuel is provided for a
  company car, Unless:
   • The employee is required to and does make good the full
     cost of any private fuel, or
   • Fuel is only made available for business mileage and that
     can be proven!
• Employees can make good the cost of ALL private fuel by
  payment or reinstatement, but
• Employers may have to prove to HMRC that procedures have
  been in place to ensure that no „free fuel‟ has been provided


     MY Consultancy
SECTION F COMPANY CAR
                     FUEL BENEFIT CHANGES
• The company car fuel benefit multiplier has
  increased from £18,000 to £18,800
• The maximum car fuel benefit has increased from:
   • £18,000 x 35% = £6,300, to
   • £18,800 x 35% = £6,580
• Further increases likely
• Even more important to check value of „free fuel,‟
  and
• Avoid „accidental‟ fuel scale charges
   MY Consultancy
HMRC TARGETS

•   Employment Status and Casual Labour
•   Fuel scale charges
•   Home to work travel
•   Long service/retirement awards
•   Salary Sacrifice Schemes
•   Share Schemes
•   Staff entertaining
•   Termination Payments

     MY Consultancy
FUEL SCALE CHARGES

Company Car Fuel Scale Charges
• An HMRC spokesman commented: “Employers should have
  appropriate systems in place to verify that any business
  mileage claims made by their employees can be paid free of
  tax. Should such claims turn out to be false, both the employer
  and employee may be liable to action taken by HMRC.”
• Recent research revealed that 72 per cent of respondents
  suspect that their drivers overestimate mileage claims on a
  regular basis. This is coupled with the revelation that only 50
  per cent of firms routinely double check the accuracy of
  claims. More than one in 10 believe that the practice of
  inflating mileage is routine

   MY Consultancy
FUEL SCALE CHARGES

Company Car Fuel Scale Charges
• Avoiding a fuel scale charge means not providing „free fuel‟
• Intentionally or unintentionally!
• Business mileage recording is the first point to address
• If the employer ensures that proper mileage records are
  maintained and checks them?
• Next we must ensure that the correct amount of fuel is provided
• Using HMRC‟s Advisory Fuel Rates is the „safe bet!‟



    MY Consultancy
ADVISORY FUEL RATES
                         Company Cars
• HMRC Guidance on fuel rates for company car drivers
• Not relevant to Vans or employee own cars
• AFR‟s can either be used for:
   • Reimbursing employee business mileage, or
   • Recovering employee private fuel costs
• AFR‟s based on average fuel costs and only „advisory‟ rates
• Employers may have to justify the use of different rates
   • Higher reimbursement or lower recovery
• Have these rates been used in 2011/12 to avoid any liability?


    MY Consultancy
ADVISORY FUEL RATES
             March 2012 - Dec - Sept – June - March 2011


Engine Size                Petrol                Diesel                  LPG
                       135.2p - 128.9p        143.2p - 134p          74.1p - 76.5p
1,400 cc or less       15p 15p 15p 15p 14p   13p 12p 12p 12p 13p   10p 10p 11p 11p 10p
                              + 2p                                        + 1p
1,600 cc or less                                    0p
for diesel cars
1,401 - 2,000 cc       18p 18p 18p 18p 16p   15p 15p 15p 15p 13p   12p 12p 12p 13p 12p

1,601 - 2,000 cc              + 2p                  + 2p                  + 1p
for diesel cars

Over 2,000             26p 26p 26p 26p 23p   19p 18p 18p 18p 16p   18p 18p 18p 18p 17p
                                                                          + 1p
cc                           + 3p                  + 3p

     MY Consultancy
ADVISORY FUEL RATES

• Employers should check that the amount recovered
  from their employees was sufficient to cover the full
  cost of any and all private fuel in their company cars
• If the answer is no, or if there is any doubt?
• There may be a liability to PAYE & NIC, but only on
  the excess rate for genuine business mileage, But
• There may be a P11D car fuel scale charge to report
  on the private fuel for non-business mileage
• Employers need to monitor the AFR changes, but first
• Employers should insist on accurate mileage records
    MY Consultancy
NIC MILEAGE RATES

               NIC - rates per business mile

     Type of Vehicle           Every business mile

CARS and VANS                           45p

MOTOR CYCLES                            24p

BICYCLES                                20p

   MY Consultancy
NIC MILEAGE RATES

Example
John claims 12,250 bus miles @ 45p            = £5,512.50
Authorised amount: 10,000 miles @ 45p         = £4,500.00
      Balance 2,250 miles       @ 25P         = £ 562.50
                                              = £5,062.50
       Excess to report Section E form P11D   = £ 450.00

• The NICs QA is 45p for every mile, therefore No NICs due




   MY Consultancy
1A

           G. VANS (9)

• Report total cash equivalent of all vans made available
• Van means:
   • A vehicle of a construction primarily suited for the conveyance of goods
     or burden of any description (this does not include people)
   • with a design weight not exceeding 3,500 kilograms
• Double cab pick ups are a potential problem?
   • Classification as car or van dependent on VAT treatment
   • Payload 1 tonne (1,000 kg) or more accepted as van - double cab pick ups only
   • Two door vehicles of this type normally accepted as van
• Some vans may be adapted and become cars


     MY Consultancy
1A

          G. VANS (9)

• The charge will be Nil if both the following requirements are
  satisfied throughout the year (or part of the year on when the
  van is available to the employee):
   • Must only be available for business travel and commuting
      and must not be used for any other private purpose except
      to an insignificant extent
   • Must be available mainly for use for the employee‟s
      business travel
• If both the above requirements are not met the company van
  benefit charge for 2011/12 is £3,000


    MY Consultancy
1A

             G. VANS (9)

MEANING OF INSIGNIFICANT?
• No definition so we must use its ordinary meaning
   • Too small or unimportant to be worth consideration
• Private use considered „insignificant‟ if it is:
   •   insignificant in quantity in the tax year (few days at most)
   •   insignificant in quality (week private use not insignificant)
   •   intermittent and irregular
   •   the exception in the pattern of use of that van by that employee (or their family or
       household) in that tax year
• Examples of insignificant private use of a van:
   • takes an old mattress/rubbish to the tip once or twice a year
   • regularly makes slight detour to stop at newsagent on the way to work
   • calls at the dentist on his way home


       MY Consultancy
1A

         COMPANY VAN FUEL CHARGE (10)

• The Van fuel charge will not apply if fuel is made
  available only for business travel
   • Is there evidence to confirm this?
• The Van fuel charge will not apply if the employee
  makes good the full cost of any and all fuel provided
  for private use
• The Van fuel charge will not apply if the provision of
  the company van is not taxed as a benefit in kind


    MY Consultancy
1A

          POOL CARS (9) & VANS (9&10)

• Car/Van only qualifies as a pool car if all the following
  conditions are satisfied (Chapter 15, 480):
   • Available to and actually used by more than one employee
   • Made available by reason of their employment
   • Not ordinarily used by one of them to the exclusion of the
      others
   • Any private use is merely incidental to the business use, and
   • It is not normally kept overnight on or near the residence of
      any of the employees unless on premises occupied by the
      provider of the car
• Is there a log and control of the use of pool vehicles?
    MY Consultancy
1A

            I. PRIVATE MEDICAL INSURANCE (11)

• Report the cost of all medical and dental expenses or insurance
  premiums where the liability is the employers
• Report at Section B if costs or premiums incurred by employee
• Has employer paid the excess for claims made by employees?
• No liability or reporting for:
   •   Costs related to overseas duties
   •   Costs related to work related injuries or diseases
   •   Periodic medical screening or health checks
   •   Eye tests and glasses required for work use by computer and VDU
       screen users



       MY Consultancy
WS5                                                                   1A
            J. QUALIFYING RELOCATION (11)
            EXPENSES PAYMENTS AND BENEFITS

• Report only the excess over £8,000 of all qualifying expense
  payments, benefits and provided accommodation
• Qualifying expense payments and benefits are those that are
  exempt e.g. Costs of selling, purchase and removal
• Costs to be paid by the relevant day
   • 12 months after the end of the year of assessment in which the
     employee relocated
   • Relocated May 2011, time limit 5 April 2013
• Tax relief limit of only £8,000
   • Per relocation, not per annum
   • What costs were incurred in the previous tax year?

      MY Consultancy
1A?

          M. OTHER ITEMS

• Dual choice section for any other benefits in kind
• HMRC‟s P11D guide tells us to enter the following
  items in the brown box:
  • Subscriptions, educational assistance, non-qualifying
    relocation benefits and expenses payments, incidental
    overnight expenses and other benefits where the contract is
    between the employer and the supplier
  • Other items to report here include car/van fuel for private
    cars/vans, car parking, Christmas boxes, clothing, staff
    entertaining/social functions, holidays, meals, non exempt
    training costs
    MY Consultancy
CHILDCARE CHANGES
                        FROM 6 APRIL 2011

• Tax relief restricted to basic rate for new members
   • Joining the scheme after 5 April 2011
• Full tax relief for members of the scheme as at 5 April 2011
   • Basic rate (20%), Higher Rate (40%) or Additional Rate (50%)
• Higher rate new scheme members get relief on £28
   • Report excess, say 52 weeks @ £27 = £1,404
• Additional rate new scheme members get relief on £22
   • Report excess, say 52 weeks @ £33 = £1,716
• Amounts are reported here when the Employer contracts with
  the provider of the childcare
• Childcare vouchers reported at Section M, Blue
    MY Consultancy
M. OTHER ITEMS

• HMRC‟s P11D guide tells us to in enter the blue box:
   • Employer provided childcare, if not exempt and
   • income tax paid to the Accounts Office in the year that the
     company failed to deduct the tax from the director‟s
     remuneration.
   • Loans written off, personal mobile phone costs, non-exempt
     training costs
• Report non-qualifying relocation expense payments or
  benefits that were exempt but exceeded the exempt limit
• Report clothing (not uniform) provided for employees use
• Report incidental overnight expenses over £5 (UK) £10 (OUK)
    MY Consultancy
N. EXPENSES PAYMENTS

• Do not report expenses included in a dispensation
• Do not report amounts in C, vouchers and credit cards
• Otherwise report here:
  •   Travel and subsistence
  •   Entertainment
  •   General expenses allowance
  •   Payments for use of home telephone
  •   Non-qualifying relocation expenses
  •   Other expenses

      MY Consultancy
N. EXPENSES PAYMENTS

• Report all business entertaining costs here
• If carrying on a trade, profession or vocation, tick the
  box if any of the expenses have or will be disallowed
• Put a X in the box if no disallowance




    MY Consultancy
N. EXPENSES PAYMENTS


                  6,829      6,829



                  15,682     15,682




                  629        629




MY Consultancy
POTENTIAL P11D FAILURES

• Failure to report any or all expenses or benefits
   • Pool cars and vans that are taxable
   • Long service awards (not exempt) and other awards or
     incentives
• Failure to include VAT/full cost of taxable expenses or benefits
• Company car list prices/CO2 emission figures wrong
• Assets sold below market value and not reported
• Home to work reimbursement (P11D or PAYE/NIC?)
• Taxable staff entertaining, meals, functions etc.


     MY Consultancy
P11D DISPENSATIONS

• P11D Dispensations reduce end of year reporting
• Excludes reporting on form P11D, P9D and tax returns
• Expense payments and some benefits in kind e.g.:
       • Qualifying travel and subsistence expenses
       • Business Entertaining expenses
       • Subscriptions to professional bodies
• Apply in writing (P11DX) or online
• Still time to apply for 2011/12


    MY Consultancy
MY Consultancy
DISPENSATIONS BY POST

• Download form P11DX from HMRC‟s website, or
• Your Employer CD-ROM???
                             Send to:
                    Employer Support Team
                    HMRC, Bowback House
                     299 Silbury Boulevard
                       Witan Gate West
                        Milton Keynes
                             Bucks
                          MK9 1NG
   MY Consultancy
SECTION F COMPANY
                     CAR BENEFIT CHANGES
Changes from 2012-13
• Special rules for QUALECs (qualifying low emissions cars) with
CO2 emissions not exceeding exactly 120g/km to be abolished
• Lower CO2 threshold to be reduced from 125g/km to 120g/km
• Lowest appropriate percentages are still 0% and 5% but 10% will
only apply to cars up to an emission level of 99g/km
• From 100g/km the rate is11% per cent and rises by 1% for every
5g/km to the current maximum of 35% (emissions of 220g/km)




    MY Consultancy
SECTION F COMPANY
                     CAR BENEFIT CHANGES

• Changes from 2013-14
• Lower threshold will be reduced from 120g/km to 115g/km
• Lowest appropriate percentages still 0% and 5%
• 10% will apply to cars with CO2 emissions of 76g/km to 94g/km
• Appropriate percentage will increase by 1% for all vehicles with
  CO2 emissions between 95g/km and 215g/km (maximum 35%)
• Changes from 2015-16
• Appropriate percentage for zero emission cars reverts to 9%
  unless this figure is changed in any future announcement
• Special rules for cars with CO2 emissions not exceeding exactly
  75g/km will be abolished
    MY Consultancy
WITHDRAWAL OF P11D (b)
                     LATE FILING CONCESSION
• HMRC has announced that it will withdraw the
  concession whereby it does not issue penalties for late
  filing of P11D (b) returns provided they are received
  by 19 July following the end of the tax year
• HMRC will withdraw this concession from:
• 31 March 2013
• P11D (b) returns filed after that date must be
  submitted by the 6 July statutory deadline
• This change does not affect 2011/12 P11D (b) returns

    MY Consultancy
OXFORD BRANCH P11D
                      UPDATE

                    MIKE EVANS
                  MY CONSULTANCY
                   14TH March 2012




MY CONSULTANCY

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P11 D Update

  • 1. OXFORD BRANCH P11D UPDATE MIKE EVANS MY CONSULTANCY 14TH March 2012 MY CONSULTANCY
  • 2. INTRODUCTION • Reporting requirements • Preparing for P11D Filing • Exemptions and exclusions • 2011/12 P11D Changes • Calculating the cash equivalent • Future changes for company cars MY Consultancy
  • 3. REPORTING REQUIREMENTS • Income tax charged on emoluments of an office or employment • Income includes salaries, fees, wages taxed through PAYE and • Perquisites and profits whatsoever, where P11Ds are needed • „Profit‟ may arise from payment of non-business expenses or if employees are paid more than the business cost incurred • Expenses are part of an employee‟s employment income • Expenses and benefits have to be reported on form P11D • Unless covered by a P11D dispensation MY Consultancy
  • 4. REPORTING REQUIREMENTS Form P9D (Rarely used) • No need to report expenses incurred solely and necessarily in the performance of the duties and business travelling expenses • Report other expense payments in excess of £25, including: • Round sum allowances e.g. mobile phone top ups • Relocation expenses and benefits • Any other payments or benefits • Vouchers and credit cards • Accommodation benefit MY Consultancy
  • 5. REPORTING REQUIREMENTS Form P11D • Report ALL expenses and benefits provided to employees and directors (or to members of their family or households) • If provided by virtue of their employment” • Include costs met directly by the employer • Reporting not restricted to amounts reimbursed • Unlike form P9D we cannot exclude expenses solely and necessarily in the performance of the duties • Report everything not specifically excluded or covered by a P11D Dispensation MY Consultancy
  • 6. REPORTING REQUIREMENTS • P11Ds are required for ALL directors • Except full time working directors with no material interest (5% ordinary share capital) and directors of a Charity or other non-profit making organisation • P11Ds required for any employee or director earning at a rate of £8,500 p.a. • Director includes any person in accordance with whose instructions the directors are accustomed to act MY Consultancy
  • 7. REPORTING REQUIREMENTS P11D OR P9D? • At a rate of £8,500 per annum? • Emoluments include • Salaries, fees, wages, bonuses, commissions and other cash pay, plus • Expenses, before any deductions and • Benefits in kind • Emoluments exclude approved pension payments and GAYE contributions • Part-time employee earning less than £8,500 per annum will be P9D MY Consultancy
  • 8. REPORTING REQUIREMENTS EXAMPLE - New employee started on 3rd January 2012 • Earnings to 5th April 2012 £7,500 • Expenses £ 164 • Medical benefit £ 240 • Total £7,904 • Actual earnings less than £8,500, but • Annual Rate (12/3 x £7,904) is £31,616 • i.e. over £8,500 per annum • P11D needed to report the medical benefit and the expenses • If not covered by a dispensation MY Consultancy
  • 9. REPORTING REQUIREMENTS • 19 (20) April 2012 Payment of PAYE/NICs on expenses • 19 May 2012 Submission of EOY PAYE returns • 6 July 2012 submission of: • P11Ds, P9Ds and P11D (b) • 19 (20) July 2012 for payment of: • Class 1A NICs on taxable benefits in kind • 19 (22) October 2012 for payment of: • Income tax and Class 1B NICs on 2011/12 PAYE Settlement Agreement (PSA) • Cheques to reach HMRC by 19th and • Cleared payments to reach HMRC‟s bank account by 22 July or October MY Consultancy
  • 11. PREPARING FOR P11D FILING • How are the P11D returns to be submitted • Paper forms or electronic submission? • HMRC‟s Basic PAYE Tools (Print and file, not online) • HMRC 'Online Return and Forms - PAYE' service ? • P11D Software? • Online P11D filing is optional, not statutory • P11D software saves time and reduces errors • Paper returns for back up, last minute filing or amendments MY Consultancy
  • 12. PREPARING FOR P11D FILING • Who is taking responsibility for the task? • Preparing/completing the returns? • Technical check/proof reading? • Submitting the returns to HMRC? • Make that decision and agree a timetable • To provide the information if outsourcing • To submit the returns to HMRC • To meet the statutory deadlines MY Consultancy
  • 13. PREPARING FOR P11D FILING • What information do we need to complete the P11D returns? • What expenses and/or benefits were reported last year? • Review the P11D and/or Tax file • Set up a permanent file if necessary • Is there a registered PAYE Settlement Agreement? • Note items to be excluded from P11D reporting • Check the terms of any P11D dispensation • Note which items HMRC has agreed can be excluded from P11D reporting and that any conditions have been satisfied • Is the P11D Dispensation still valid? MY Consultancy
  • 14. PREPARING FOR P11D FILING Contact anyone you need information from • Payroll Department or Bureau for deductions from salary • Loan repayments, medical insurance contributions etc. • List of employees earning at a rate of £8,500 • Human Resources • Details of new benefits & Relocations • Finance Department • Cost details of expenses and benefits • Fleet manager or Leasing Company • Company car/fuel details • Anyone else? • Relocation company or Medical Insurance provider? MY Consultancy
  • 15. EXEMPTIONS AND EXCLUSIONS • Expenses covered by a P11D dispensation • Business travel and subsistence, • Business entertaining • Professional subscriptions • Other items specific to the employment • Taxable expense payments or benefits included in a PSA • Staff entertaining • Taxable travel • Included in a Taxed Award Scheme • Normally third party incentives/awards MY Consultancy
  • 16. EXEMPTIONS AND EXCLUSIONS • Exempt expenses and benefits • Car, motor cycle, bicycle parking at or near the place of work • Modest private use of heavy goods vehicles • Incidental overnight expenses • Works transport Services • Support for public bus services • Travelling and subsistence during public transport strikes • Transport between work and home for disabled employees • Late night taxis from work to home MY Consultancy
  • 17. LATE NIGHT TAXIS • Limited exemption for transport from work to home • Employees required to work later than usual (at least until 9.00 pm) • Late working must be irregular (not infrequent) • Public transport ceased or unreasonable to use it • Limit of 60 journeys per annum (excess taxable) • Expected abolition of exemption will not proceed! • Abolition would impact on vulnerable groups • Abolition would increase administration • Going against the aim of tax simplification • Remember! HMRC requires detailed records to be kept to justify any claims for deduction or exemption Tim Buss and Mike Evans for Quorum MY Consultancy Training
  • 18. LUNCHEON VOUCHERS TAX RELIEF • Tax and NICs exemption on 15p per working day! • Meal voucher provided by employer to an employee • Excess above 15 p liable to tax and NICs • Relief introduced in 1946 when food rationing was in place to help individuals afford healthy meals! • Benefit of the relief almost entirely eroded by inflation • Low in value and no longer achieves a clear objective • Relief will cease to be available for luncheon vouchers provided on or after 6 April 2013 • NICs exemption repealed from the same date • Cycle to work meals exemption also scrapped MY Consultancy
  • 19. EXEMPTIONS AND EXCLUSIONS • Small gifts such as flowers for births, marriage • But not if a thank you or a reward • Seasonal gifts such as a turkey, box of chocolates or ordinary bottle or two of wine • Not an expensive hamper or case of wine • If not trivial in amount! • Free coffee/tea/water available to all • Tax free if not available to all on minor & trivial grounds MY Consultancy
  • 21. 2011/12 P11D CHANGES • Only the tax year has changed, to 2011/12 • Still an A to N, Assets transferred to Section N, Expenses • HMRC expected to take a tougher line on the P11D Quality Standard – warning letters issued last year • Section D, Living accommodation, official rate of interest remained at 4% and note for Section H, beneficial loans • Section E, Authorised Mileage rate increased to 45p for first 10,000 business miles from 6 April 2011 • Section F changes to the car benefit rules – next slide • Section M, Changes on childcare exemption MY Consultancy
  • 22. CALCULATING THE CASH EQUIVALENT Cash Equivalent ? MY Consultancy
  • 23. HMRC GUIDANCE • CWG5 (Class 1A NICs) • Appendix 1, Common Benefits • 480 Expenses and Benefits • 27 Chapters and 11 Appendices of advice • Chapter 5 for non-taxable payments and benefits • P11D Guide • 490 Employee travel • CWG2 Employer further guide to PAYE and NICs • Chapter 5 guidance on when PAYE/NICs due MY Consultancy
  • 25. HMRC GUIDANCE • P11D working sheets to help calculate the cash equivalent of the following benefits in kind: 1. Living accommodation 2. Car and fuel benefits 3. Company vans 4. Interest free loans 5. Relocation expenses and benefits 6. Mileage allowance and passenger payments MY Consultancy
  • 26. EXPENSES AND BENEFITS A to Z • http://www.hmrc.gov.uk/paye/exb/ • Expenses and benefits: W • Workplace nursery • Water rates or charges for living accommodation • Welfare counselling • Working from home - office equipment and supplies • Works bus services • Workshop equipment and supplies MY Consultancy
  • 27. CALCULATING THE CASH EQUIVALENT Amount paid by employer (or third party) on employee‟s behalf Matches entry on tax returns 15 15 1A MY Consultancy
  • 28. CALCULATING THE CASH EQUIVALENT • P11D employee or director • Cost to employer • Or any third party provider! • P9D employee • Second hand value • N.B. There are some exceptions • Company car and fuel benefits • Company van benefits • Living accommodation • Vouchers MY Consultancy
  • 29. VAT ALL EXPENSE PAYMENTS AND BENEFITS IN KIND MUST BE REPORTED ON THE P9D OR P11D ON A VAT INCLUSIVE BASIS MY Consultancy
  • 30. MAKING GOOD Section 203(2) ITEPA 2003 • The legislation does not set a time limit on the "making good". This will usually happen shortly after the expense is incurred by the person providing the benefit. But you need not object to a belated "making good" if it is done within a reasonable time of the employee becoming aware that the chargeable benefit can be reduced, in whole or in part, by reimbursing the expense incurred by the provider. What constitutes a "reasonable time" will depend on the facts of the case. Do not allow a deduction for "making good" which takes place after a charge to tax on the benefit concerned has become final and conclusive. MY Consultancy
  • 31. 1A A. ASSETS TRANSFERRED • Have any company owned cars been sold or given to a director or employee? • Was the price paid the market value and can you prove that? • Any other assets sold or given to a director or employee? • Painting • Clothes • Office equipment • Bicycles? MY Consultancy
  • 32. C. VOUCHERS AND CREDIT CARDS • Report value of vouchers and credit card payments • Report expenses etc. using credit cards or tokens, but • ONLY amounts not reported elsewhere • Section M or N? • Taxable Childcare vouchers reported here • Taxable Childcare (Employer Contracted) Section M MY Consultancy
  • 33. E. MILEAGE ALLOWANCE AND PASSENGER PAYMENTS VEHICLE FIRST 10,000 BUSINESS EXCESS OVER 10,000 MILES BUSINESS MILES CARS 45p 25p MOTOR 24p 24p CYCLES CYCLES 20p 20p MY Consultancy
  • 34. APPROVED MILEAGE PAYMENTS EMPLOYEE CARS • Have employees kept cumulative business mileage claims and was the 45p rate reduced to 25p after 10,000 miles? Example • Christine was reimbursed 45p for all business mileage • Christine claimed 14,808 business miles • Reportable excess is 4,808 x 25p = £1,202 • £1,202 excess to be reported at P11D Section E MY Consultancy
  • 35. APPROVED MILEAGE PAYMENTS EMPLOYEE CARS • If an employer reimburses less than the AMAP rate • Employees can claim additional tax relief • Employees can claim the „difference‟ between the amount reimbursed and the authorised amount • Example – Employer reimburses 25p per mile • Employee can claim the additional tax relief due at 20p per mile up to the 10,000 business miles limit • Claim 8,285 miles @ 20p (45p - 25p) = £1,657.00 • Tax claim @ 20% = £331.40 • Tax claim @ 40% = £662.80 • Tax claim @ 50% = £828.50 MY Consultancy
  • 36. 1A F. CARS (9) AND CAR FUEL (10) • The information to be reported is: • Make and model of the company car • Date the car was first registered • Approved CO2 emissions figures [g/km] • www.vca.gov.uk • www.smmt.co.uk • Engine size [cc] • Type of fuel/power used [?] • Dates car was available MY Consultancy
  • 37. SECTION F CAR BENEFIT CHANGES • There will only be three letters to describe cars • E for electric only cars (as before) • D for all diesels (previously types D and L), and • A for all other types (previously types H, B, C, G & P) • There will no longer be any reductions for alternative fuels • The diesel surcharge will apply to all diesels, whenever registered MY Consultancy
  • 38. FUEL POWER KEY Type of fuel P11D Code Adjustment Zero emission cars None E (including electric cars) Diesel cars 3% supplement, D subject to 35% (all Euro standards) maximum All others, including None Hybrid diesels A MY Consultancy
  • 39. SECTION F CAR BENEFIT CHANGES • The £80,000 limit for the price of a car for car benefit purposes no longer applies (from 2011/12) • Expensive cars will now be taxed at their full List Price Example • 2010/11 List Price £120,000, assume 35% CO2 • Car benefit price capped at, £80,000 x 35% = £28,000 benefit • 2011/12 List Price £120,000, assume 35% CO2 • Car benefit on List Price of £120,000 x 35% = £42,000 benefit • Exclusion of certain security related costs! MY Consultancy
  • 40. SECTION F COMPANY CAR BENEFIT CHANGES • Lower CO2 threshold (15% rate) reduced from: • 130g/km to 125g/km • Lowest appropriate percentage is 0 per cent • Applies to cars with CO2 emissions of zero • Cars with CO2 emissions of less than 75g/km have an appropriate percentage of 5 per cent • Cars with CO2 emissions of 76g/km to 120g/km have an appropriate percentage of 10 per cent • Thereafter the rate is 15 per cent increasing by 1 per cent for every 5 g/km to the current maximum of 35 per cent • Emissions of 225g/km and above MY Consultancy
  • 41. 1A F. CARS (9) AND CAR FUEL (10) • Only use boxes when cars first provided or cease to be provided, or • Where there is a change of car in the tax year • Car unavailable before it is first provided • Car unavailable after it is withdrawn • Car treated as unavailable if the car is unavailable for periods of 30 consecutive days or more • Car not treated as unavailable if employee is: • banned from driving, or • out of the country on business or holiday, or • unable to drive the car for another reason e.g. illness MY Consultancy
  • 42. 06 04 11 10 06 11 11 06 11 05 04 12 MY Consultancy
  • 43. 1A F. CARS (9) AND CAR FUEL (10) • The list price is the inclusive price published by the manufacturer, importer or distributor if sold singly in a retail sale in the open market in the UK on the day before the date of the car’s first registration • List price includes: • VAT, car tax, customs or excise duties and delivery charges • List price excludes: • New car registration fee (admin charge) MY Consultancy
  • 44. 1A F. CARS (9) AND CAR FUEL (10) • List price of each company car • Including standard accessories, plus • List price of all non-standard accessories • Ignore later provided accessories if cost below £100 e.g. mud flaps • List price probably not the price paid for the car • Ignore discounts and second hand price • Use manual price for automatic car provided to a disabled employee • Booklet 480, paragraph 12.7 MY Consultancy
  • 45. 1A 1,450 600 • Capital contributions reduce the list price of the car for employee making the contribution • Up to a maximum of £5,000 • Might be paid for accessories e.g. tow bar • Not transferable to different employee • Private use contributions reduce the company car benefit on a £1 for £1 basis • There must be a requirement to make payments as a condition of the car being available for private use, and • Payments must be specifically for that private use • Payments for supplies or services e.g. petrol or insurance • Do not qualify as private use contributions MY Consultancy
  • 46. 1A F. CAR FUEL SCALE CHARGE (10) • A car fuel benefit charge will apply if any fuel is provided for a company car, Unless: • The employee is required to and does make good the full cost of any private fuel, or • Fuel is only made available for business mileage and that can be proven! • Employees can make good the cost of ALL private fuel by payment or reinstatement, but • Employers may have to prove to HMRC that procedures have been in place to ensure that no „free fuel‟ has been provided MY Consultancy
  • 47. SECTION F COMPANY CAR FUEL BENEFIT CHANGES • The company car fuel benefit multiplier has increased from £18,000 to £18,800 • The maximum car fuel benefit has increased from: • £18,000 x 35% = £6,300, to • £18,800 x 35% = £6,580 • Further increases likely • Even more important to check value of „free fuel,‟ and • Avoid „accidental‟ fuel scale charges MY Consultancy
  • 48. HMRC TARGETS • Employment Status and Casual Labour • Fuel scale charges • Home to work travel • Long service/retirement awards • Salary Sacrifice Schemes • Share Schemes • Staff entertaining • Termination Payments MY Consultancy
  • 49. FUEL SCALE CHARGES Company Car Fuel Scale Charges • An HMRC spokesman commented: “Employers should have appropriate systems in place to verify that any business mileage claims made by their employees can be paid free of tax. Should such claims turn out to be false, both the employer and employee may be liable to action taken by HMRC.” • Recent research revealed that 72 per cent of respondents suspect that their drivers overestimate mileage claims on a regular basis. This is coupled with the revelation that only 50 per cent of firms routinely double check the accuracy of claims. More than one in 10 believe that the practice of inflating mileage is routine MY Consultancy
  • 50. FUEL SCALE CHARGES Company Car Fuel Scale Charges • Avoiding a fuel scale charge means not providing „free fuel‟ • Intentionally or unintentionally! • Business mileage recording is the first point to address • If the employer ensures that proper mileage records are maintained and checks them? • Next we must ensure that the correct amount of fuel is provided • Using HMRC‟s Advisory Fuel Rates is the „safe bet!‟ MY Consultancy
  • 51. ADVISORY FUEL RATES Company Cars • HMRC Guidance on fuel rates for company car drivers • Not relevant to Vans or employee own cars • AFR‟s can either be used for: • Reimbursing employee business mileage, or • Recovering employee private fuel costs • AFR‟s based on average fuel costs and only „advisory‟ rates • Employers may have to justify the use of different rates • Higher reimbursement or lower recovery • Have these rates been used in 2011/12 to avoid any liability? MY Consultancy
  • 52. ADVISORY FUEL RATES March 2012 - Dec - Sept – June - March 2011 Engine Size Petrol Diesel LPG 135.2p - 128.9p 143.2p - 134p 74.1p - 76.5p 1,400 cc or less 15p 15p 15p 15p 14p 13p 12p 12p 12p 13p 10p 10p 11p 11p 10p + 2p + 1p 1,600 cc or less 0p for diesel cars 1,401 - 2,000 cc 18p 18p 18p 18p 16p 15p 15p 15p 15p 13p 12p 12p 12p 13p 12p 1,601 - 2,000 cc + 2p + 2p + 1p for diesel cars Over 2,000 26p 26p 26p 26p 23p 19p 18p 18p 18p 16p 18p 18p 18p 18p 17p + 1p cc + 3p + 3p MY Consultancy
  • 53. ADVISORY FUEL RATES • Employers should check that the amount recovered from their employees was sufficient to cover the full cost of any and all private fuel in their company cars • If the answer is no, or if there is any doubt? • There may be a liability to PAYE & NIC, but only on the excess rate for genuine business mileage, But • There may be a P11D car fuel scale charge to report on the private fuel for non-business mileage • Employers need to monitor the AFR changes, but first • Employers should insist on accurate mileage records MY Consultancy
  • 54. NIC MILEAGE RATES NIC - rates per business mile Type of Vehicle Every business mile CARS and VANS 45p MOTOR CYCLES 24p BICYCLES 20p MY Consultancy
  • 55. NIC MILEAGE RATES Example John claims 12,250 bus miles @ 45p = £5,512.50 Authorised amount: 10,000 miles @ 45p = £4,500.00 Balance 2,250 miles @ 25P = £ 562.50 = £5,062.50 Excess to report Section E form P11D = £ 450.00 • The NICs QA is 45p for every mile, therefore No NICs due MY Consultancy
  • 56. 1A G. VANS (9) • Report total cash equivalent of all vans made available • Van means: • A vehicle of a construction primarily suited for the conveyance of goods or burden of any description (this does not include people) • with a design weight not exceeding 3,500 kilograms • Double cab pick ups are a potential problem? • Classification as car or van dependent on VAT treatment • Payload 1 tonne (1,000 kg) or more accepted as van - double cab pick ups only • Two door vehicles of this type normally accepted as van • Some vans may be adapted and become cars MY Consultancy
  • 57. 1A G. VANS (9) • The charge will be Nil if both the following requirements are satisfied throughout the year (or part of the year on when the van is available to the employee): • Must only be available for business travel and commuting and must not be used for any other private purpose except to an insignificant extent • Must be available mainly for use for the employee‟s business travel • If both the above requirements are not met the company van benefit charge for 2011/12 is £3,000 MY Consultancy
  • 58. 1A G. VANS (9) MEANING OF INSIGNIFICANT? • No definition so we must use its ordinary meaning • Too small or unimportant to be worth consideration • Private use considered „insignificant‟ if it is: • insignificant in quantity in the tax year (few days at most) • insignificant in quality (week private use not insignificant) • intermittent and irregular • the exception in the pattern of use of that van by that employee (or their family or household) in that tax year • Examples of insignificant private use of a van: • takes an old mattress/rubbish to the tip once or twice a year • regularly makes slight detour to stop at newsagent on the way to work • calls at the dentist on his way home MY Consultancy
  • 59. 1A COMPANY VAN FUEL CHARGE (10) • The Van fuel charge will not apply if fuel is made available only for business travel • Is there evidence to confirm this? • The Van fuel charge will not apply if the employee makes good the full cost of any and all fuel provided for private use • The Van fuel charge will not apply if the provision of the company van is not taxed as a benefit in kind MY Consultancy
  • 60. 1A POOL CARS (9) & VANS (9&10) • Car/Van only qualifies as a pool car if all the following conditions are satisfied (Chapter 15, 480): • Available to and actually used by more than one employee • Made available by reason of their employment • Not ordinarily used by one of them to the exclusion of the others • Any private use is merely incidental to the business use, and • It is not normally kept overnight on or near the residence of any of the employees unless on premises occupied by the provider of the car • Is there a log and control of the use of pool vehicles? MY Consultancy
  • 61. 1A I. PRIVATE MEDICAL INSURANCE (11) • Report the cost of all medical and dental expenses or insurance premiums where the liability is the employers • Report at Section B if costs or premiums incurred by employee • Has employer paid the excess for claims made by employees? • No liability or reporting for: • Costs related to overseas duties • Costs related to work related injuries or diseases • Periodic medical screening or health checks • Eye tests and glasses required for work use by computer and VDU screen users MY Consultancy
  • 62. WS5 1A J. QUALIFYING RELOCATION (11) EXPENSES PAYMENTS AND BENEFITS • Report only the excess over £8,000 of all qualifying expense payments, benefits and provided accommodation • Qualifying expense payments and benefits are those that are exempt e.g. Costs of selling, purchase and removal • Costs to be paid by the relevant day • 12 months after the end of the year of assessment in which the employee relocated • Relocated May 2011, time limit 5 April 2013 • Tax relief limit of only £8,000 • Per relocation, not per annum • What costs were incurred in the previous tax year? MY Consultancy
  • 63. 1A? M. OTHER ITEMS • Dual choice section for any other benefits in kind • HMRC‟s P11D guide tells us to enter the following items in the brown box: • Subscriptions, educational assistance, non-qualifying relocation benefits and expenses payments, incidental overnight expenses and other benefits where the contract is between the employer and the supplier • Other items to report here include car/van fuel for private cars/vans, car parking, Christmas boxes, clothing, staff entertaining/social functions, holidays, meals, non exempt training costs MY Consultancy
  • 64. CHILDCARE CHANGES FROM 6 APRIL 2011 • Tax relief restricted to basic rate for new members • Joining the scheme after 5 April 2011 • Full tax relief for members of the scheme as at 5 April 2011 • Basic rate (20%), Higher Rate (40%) or Additional Rate (50%) • Higher rate new scheme members get relief on £28 • Report excess, say 52 weeks @ £27 = £1,404 • Additional rate new scheme members get relief on £22 • Report excess, say 52 weeks @ £33 = £1,716 • Amounts are reported here when the Employer contracts with the provider of the childcare • Childcare vouchers reported at Section M, Blue MY Consultancy
  • 65. M. OTHER ITEMS • HMRC‟s P11D guide tells us to in enter the blue box: • Employer provided childcare, if not exempt and • income tax paid to the Accounts Office in the year that the company failed to deduct the tax from the director‟s remuneration. • Loans written off, personal mobile phone costs, non-exempt training costs • Report non-qualifying relocation expense payments or benefits that were exempt but exceeded the exempt limit • Report clothing (not uniform) provided for employees use • Report incidental overnight expenses over £5 (UK) £10 (OUK) MY Consultancy
  • 66. N. EXPENSES PAYMENTS • Do not report expenses included in a dispensation • Do not report amounts in C, vouchers and credit cards • Otherwise report here: • Travel and subsistence • Entertainment • General expenses allowance • Payments for use of home telephone • Non-qualifying relocation expenses • Other expenses MY Consultancy
  • 67. N. EXPENSES PAYMENTS • Report all business entertaining costs here • If carrying on a trade, profession or vocation, tick the box if any of the expenses have or will be disallowed • Put a X in the box if no disallowance MY Consultancy
  • 68. N. EXPENSES PAYMENTS 6,829 6,829 15,682 15,682 629 629 MY Consultancy
  • 69. POTENTIAL P11D FAILURES • Failure to report any or all expenses or benefits • Pool cars and vans that are taxable • Long service awards (not exempt) and other awards or incentives • Failure to include VAT/full cost of taxable expenses or benefits • Company car list prices/CO2 emission figures wrong • Assets sold below market value and not reported • Home to work reimbursement (P11D or PAYE/NIC?) • Taxable staff entertaining, meals, functions etc. MY Consultancy
  • 70. P11D DISPENSATIONS • P11D Dispensations reduce end of year reporting • Excludes reporting on form P11D, P9D and tax returns • Expense payments and some benefits in kind e.g.: • Qualifying travel and subsistence expenses • Business Entertaining expenses • Subscriptions to professional bodies • Apply in writing (P11DX) or online • Still time to apply for 2011/12 MY Consultancy
  • 72. DISPENSATIONS BY POST • Download form P11DX from HMRC‟s website, or • Your Employer CD-ROM??? Send to: Employer Support Team HMRC, Bowback House 299 Silbury Boulevard Witan Gate West Milton Keynes Bucks MK9 1NG MY Consultancy
  • 73. SECTION F COMPANY CAR BENEFIT CHANGES Changes from 2012-13 • Special rules for QUALECs (qualifying low emissions cars) with CO2 emissions not exceeding exactly 120g/km to be abolished • Lower CO2 threshold to be reduced from 125g/km to 120g/km • Lowest appropriate percentages are still 0% and 5% but 10% will only apply to cars up to an emission level of 99g/km • From 100g/km the rate is11% per cent and rises by 1% for every 5g/km to the current maximum of 35% (emissions of 220g/km) MY Consultancy
  • 74. SECTION F COMPANY CAR BENEFIT CHANGES • Changes from 2013-14 • Lower threshold will be reduced from 120g/km to 115g/km • Lowest appropriate percentages still 0% and 5% • 10% will apply to cars with CO2 emissions of 76g/km to 94g/km • Appropriate percentage will increase by 1% for all vehicles with CO2 emissions between 95g/km and 215g/km (maximum 35%) • Changes from 2015-16 • Appropriate percentage for zero emission cars reverts to 9% unless this figure is changed in any future announcement • Special rules for cars with CO2 emissions not exceeding exactly 75g/km will be abolished MY Consultancy
  • 75. WITHDRAWAL OF P11D (b) LATE FILING CONCESSION • HMRC has announced that it will withdraw the concession whereby it does not issue penalties for late filing of P11D (b) returns provided they are received by 19 July following the end of the tax year • HMRC will withdraw this concession from: • 31 March 2013 • P11D (b) returns filed after that date must be submitted by the 6 July statutory deadline • This change does not affect 2011/12 P11D (b) returns MY Consultancy
  • 76. OXFORD BRANCH P11D UPDATE MIKE EVANS MY CONSULTANCY 14TH March 2012 MY CONSULTANCY