ACT NOW! P11D – Employers return of Directors / Employee’s Expenses and Benefits in Kind

ACT NOW! It is time to prepare the Forms P11D and P11D(b) for the 2017/18 tax year.  The forms are the employer’s responsibility.  They are required for directors or employees who are provided with benefits or for whom you pay or reimburse non-deductible expenses.

The Forms P11D and P11D(b) have to be submitted to HM Revenue and Customs by 6th July 2018 to avoid potential late filing penalties of up to £300 per P11D, plus £60 per day for continued failure, and £100 per month for the P11D(b).  The Class 1A National Insurance liability is due for payment by 19th July 2018 and late payment will incur interest charges.  In addition employees must be provided with a copy of their P11D by 6th July 2018.

Below is a schedule of the typical benefits in kind provided to employees and directors for your information.  The schedule also details the applicability of either Class 1 NIC or Class 1A NIC to the benefit / expense and whether an entry is required on form P11D or the payment of the benefit should be subject to PAYE.  Any PAYE and Class 1 NIC liability arising on a benefit / expense should be accounted for on the payroll system at the time the payment is made.

I also draw your attention to some important information regarding certain benefits in kind and expenses, and the completion of Forms P11D:

• With regard to Business Expenses there is a statutory exemption for specific payments, provided that they are not paid or reimbursed through a relevant salary sacrifice arrangement.  This includes business travel and subsistence payments and professional fees and subscriptions paid or reimbursed to employees, where the payments would be an allowable deduction, i.e. the expense has been incurred “wholly, exclusively and necessarily” in the course of doing their job.  These payments will not need to be returned on Forms P11D.

A checking system must be in place to ensure that the expenses have been incurred and support the amounts paid or reimbursed, I would suggest that Expense claim forms are completed and authorised, in order to be able to demonstrate this.

• With regard to Company Cars and Fuel available for private use, the appropriate benefit scale charge percentages have increased for 2017-18.  The Fuel benefit charge, on which the emission percentage is applied, has been increased from £22,200 in 2016-17 to £22,600 in 2017-18, with a further increase to £23,400 in 2018-19.  You may wish to review the value of these benefits for the coming year. The Fuel Benefit charge is an all or nothing charge, so if as little as £1 worth of fuel paid for by the company is used for private use the full Fuel Benefit charge will apply.

• When a Company Car is initially provided the employer is required to send a form P46(car) to HM Revenue and Customs and you must ensure that the correct manufacturers’ list price along with full details of the car are returned.  At a time when cars may be purchased at discounted rates it is important to ensure that the correct manufacturers’ list price is shown, as it is the manufacturers’ list price not the purchase price that is used to calculate the benefit charge.

• The Advisory Fuel Rate for company cars was amended at 1 December 2017 (https://www.gov.uk/government/publications/advisory-fuel-rates/advisory-fuel-rates-from-1-march-2016)  It is reviewed four times a year and any changes will take effect on 1 March, 1 June, 1 September and 1 December.  You should ensure that the correct rate is used, as any payment by an employee to reimburse the employer for private fuel in a company car must at least equal the amount based on the published rates or the full Fuel Benefit charge will apply.

• The Van Benefit Charge was £3,230 and fuel benefit charge was £610 in 2017-18, increasing to £3,350 and £633 respectively in 2018-19.

• Beneficial Loans with a combined outstanding value to an employee of less than £10,000 (2017-18) throughout the whole year do not need to be reported.  The official rate of interest applicable to beneficial loans for 2017-18 is 2.5%.

• From 2016-17, the entire benefits-in-kind code for Employees Earning Below £8,500 is repealed.  Such employees will be subject to all benefits-in-kind from that point on and therefore a Form P11D will be required.

• You do not have to pay Tax on Trivial Benefits provide to employees if all of the following apply:

– it cost you £50 or less to provide
– it isn’t cash or a cash voucher
– it isn’t a reward for their work or performance
– it isn’t in the terms of their contract

If you require any further information regarding the completion of forms P11D, or whether certain benefits in kind are still cost effective, please speak to your Lambert Chapman LLP Partner or your usual Tax Department contact.

Payroll Service available 
If you already benefit from Lambert Chapman LLP providing you with a service to complete forms P11D, you may wish to consider using our internal Payroll Bureau for completion of your PAYE / CIS records and RTI forms.  Please contact Pip Trowles our Payroll manager for a quote – payroll@lambert-chapman.co.uk

Posted by Kim Paynes