6. TC - Employment Income Flashcards

(66 cards)

1
Q

Lay out the employment income pro forma

A
Salary 
Bonus/commission 
Benefits 
Reimbursed expenses 
Cash Vouchers 
XX

Less
Allowable deductions
Expenses incurred wholly, exclusively and necessarily
Contributions to e’ers occupational pension scheme
Subscriptions to prof bodies
Charitable donations- payroll deduction scheme
Travel and subsistence expenses
Use of own car- mileage allowance

Total = E’ment income

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2
Q

How is employment income assessed? (What basis)

A

Receipts basis

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3
Q

When are earnings deemed to err received?

A

Deemed to be received the earlier of

  • The actual payment date
  • The date on which the indiv became entitled to the payment
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4
Q

When are non-monetary earnings deemed to have been received for taxes?

A

When the benefit has been received

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5
Q

When are there additional rules on directors remuneration recognition and why? What are these rules?

A

There are extra rules as they can manipulate the timing of payments.
They are deemed to have received earnings on the earliest of:
- The actual payment date
- Date on which the indiv became entitled to the payment
- Date on which the earnings are credited in the accs
- Last day of the period of acc if the earnings are determined before the end of the period
- Date on which earnings are determined if they are determined after the end of the acc period

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6
Q

When is remuneration for directors recognised?

A

They are deemed to have received earnings on the earliest of:

  • The actual payment date
  • Date on which the indiv became entitled to the payment
  • Date on which the earnings are credited in the accs
  • Last day of the period of acc if the earnings are determined before the end of the period
  • Date on which earnings are determined if they are determined after the end of the acc period
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7
Q

TYU1: Pedro, director of ABC received a bonus of £400k on 15 Oct 19.
The bonus related to the results of the comp for y/e 30 June 19
It was credited to Pedro in the acc on 4 July 19 following a board meeting on 25 June 19 which decided that the e’ees were entitled to payment on 4 July 19.
Advise wen the bonus is assessable as e’ment income

A

As a director of the company, P is regarded as receiving the bonus on the earliest of the following dates
Actual payment date: 15 Oct 19
Date entitled 4 July 19
Credited in the accounts: 4 July 19

Bonus determined: 25 June 19 which is within y/e 30 June 19
Therefore relevant date is 30 June 2019 (i.e. end of period of acc)

Therefore bonus is taxable on 30 June 19

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8
Q

When are expenses incurred by an employee allowable deductions?

A
  • The e’ee s obliged to incur and pay the expenses

- The expense is wholly, exclusively and necessarily in the perf of duties fo the e’ment

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9
Q

Give some examples of deductible expenses for employees

A
  • professional subscription fees
  • a proportion of expenses if required to work from home
  • necessary tools, uniforms, protective clothing, (flu rate deduction available)
  • e’ees cash contributions into an occupational pension scheme (ever contributions are an exempt benefit)
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10
Q

How are reimbursed expenses taxed?

A

Where an e’ee is reimbursed expenses by the employer, the amount received is taxable income

An exemption applies where the e’ee would be able to claim a tax deduction for the business-related exp under the rules for deductible expenses e.g. travel exp, prof subs

Where the expense is partly allowable and partly disallowable, the the exemption can be applied to the allowable part

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11
Q

When are travel expenses allowable?

A

An e’ee may deduct travel and subsistence expenses if they were necessarily incurred in the perf of their duties

Travel between home and work isn’t an allowable expenses, with some exceptions

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12
Q

Is travel between home and work an allowable expense?

A

No, but there are some exceptions

  • If the e’ee has no normal place of work, travel costs between home and work are allowable
  • If e’ees home is their normal place of work, travel between home and other work locations are allowable
  • If the e’ee has a temporary workplace (no more than 24 months) travel costs between home and work are allowable
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13
Q

When are entertaining expenses allowable?

A

The treatment depends upon the type of expenses reimbursed

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14
Q

TYU2: Gavin works for an accounting firm in Essex. He is sent to work in Barry (Wales) for 18 months
Neil is a plumber and works 3 days a week in London and 2 days a week in barry
Bryn is a salesman who works 1 day in Barry office and spends the rest of his time visiting customers.
State whether the travel from home to Barry is deductible for Gavin, Neil and Bryn

A

Gavin: Barry is a temporary workplace (less than 24 months) therefore deductible

Neil: both Barry and London are his permanent workplaces therefore not deductible

Bryn: Barry office is his permanent workplace therefore not deductible

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15
Q

How are entertaining expenses treated that are allowable when reimbursed directly?

A

Exempt income for the employee
Therefore no deduction from e’ees income
Reimbursed amount is a disallowed expenses for the e’er

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16
Q

How are entertaining expenses treated that are specific entertaining allowances?

A

Included as income for e’ee
Deduct entertaining expenses incurred from e’ees income
Full allowance is a disallowed expense for the ever

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17
Q

What does SMRS stand for?

A

Statutory Mileage Rate Scheme

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18
Q

Describe the SMRS

A

It applies to e’ees or volunteers using their own car/van/bike for business travel an receiving mileage allowance/payments for business travel from employers

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19
Q

TYU3: State whether the following expenses are deductible in calculating taxable earnings

£100/month subscription to golf club solely used for entertaining clients

A

No deduction for membership fee (not ‘necessary’ for perf of duties)

But any actual expenses reimbursed (e.g. a meal at the clubhouse) would be exempt

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20
Q

TYU3: State whether the following expenses are deductible in calculating taxable earnings

£450 fees by tax acc to CIOT

A

Deduction of £450 as professional sub

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21
Q

TYU3: State whether the following expenses are deductible in calculating taxable earnings

£20 train ticket from home to normal place of work

A

No deduction

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22
Q

TYU3: State whether the following expenses are deductible in calculating taxable earnings

£200 general round sum allowance which £150 spent on entertaining

A

No deduction, full £200 will be taxable on the e’ee

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23
Q

TYU3: State whether the following expenses are deductible in calculating taxable earnings

£250 new suit for office

A

No deduction0 not WEN for perf of duties

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24
Q

TYU3: State whether the following expenses are deductible in calculating taxable earnings

£100 specific monthly entertainment allowance of which £80 is usually spent on entertaining

A

£80 deduction

Balance will be taxable on the e’ee

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25
TYU3: State whether the following expenses are deductible in calculating taxable earnings £200 for e'ee home telephone bill. £40 of bill was for business calls £20 was for the line rental
£40 for the business calls is exempt | The £140 for pvte calls and £20 for line rental are taxable
26
Are mobile phones for private use exempt benefits from a charge in employment income?
Yes
27
What is a trivial benefit?
Must meet the following conditions: - Cost of providing it doesn't exceed £50 - It isn't cash or a cash voucher - It isn't provided in recognition of services
28
Are trivial benefits taxable?
No, trivial benefits provided by e'era to e'ees are exempt
29
What is the cap for trivial benefits?
Allowed £300 annually but ONLY for when they are provided to certain directors
30
What benefits are exempt if provided to an e'ee who is employed abroad
- The cost of board and lodging abroad - Travel home (any number of return visits) - For absences of 60 days or more, travelling expenses for a spouse and minor children (up to 2 return visits per person per tax year)
31
What are the general rules for taxable benefits?
- Taxable amount is the cost to the employer - Payments made by the e'ee are deducted - Time apportion for part availability If a benefit is provided in house the taxable amount is the marginal cost to the e'er less contributions by the e'ee, time apportioned for part availability
32
TYU4: Show the employment income consequences for each e'ee In 19/20 received the following payments for mileage done in own cars - Stacey 47p mileage allowance 14,000 business miles
Amount reimbursed (14k x 47p) = £6,580 Less allowable deduction First 10k miles (10k x 45p) =(4,500) Above 10k miles (4k x 25p) = (1,000) Taxable benefit - add to employment income = £1,080
33
TYU4: Show the employment income consequences for each e'ee In 19/20 received the following payments for mileage done in own cars - Nessa 34p mileage allowance 6,000 business miles
Amount reimbursed £2,040 Less allowable deduction (6k x 45p) = £(2,700) Allowable deduction - treat as employment income expense = £(660)
34
What else are individuals taxed on relating to living accommodation benefits?
``` Expenses connected with provision of living accommodation. For example - Heat and lighting - Cleaning - Repairs - Decoration ```
35
What is the rule for calculating the benefit on furniture re living expenses?
Same as assets lent for private use - E'er owns the asset Benefit = annual value i.e. 20% x market value - E'er rents the asset Benefit = higher of 20% x MV Rent paid by e'er A just and reasonable apportionment is made if the asset is shared with other e'ees
36
When is the benefit of all living expenses limited? And what is it limited to?
If the accommodation is job related, the benefit is limited to 10% of the e'ees net earnings
37
When is the benefit of all living expenses limited? And what is it limited to?
If the accommodation is job related, the benefit is limited to 10% of the e'ees net earnings
38
What is the calculation for net earnings (used to work out the benefit of all living expenses for job related accommodation)
10% of net earnings for living exp when accommodation is job related ``` Salary, bonus etc Benefits (excluding living expenses) Less allowable deductions Less SMRS Less Occupational Pension Contributions ``` = Net earnings
39
How are car benefits calculated?
Manufacturer's list price x CO2 emissions % List price - Include optional extras when originally bought - Deduct any capital contributions made by e'ee (up to max £5k) - No max list price
40
When calculating a car benefit, how do you determine what the list price is?
- Include optional extras when originally bought - Deduct any capital contributions made by e'ee (up to max £5k) - No max list price
41
When calculating a car benefit, how do you determine what the CO2 emission % is?
1% diesel supplement 1% for every 5g/mile No diesel supplement for cars meeting RDES2
42
Do e'ees have to pay a car benefit on a pool car?
No, as there is not deemed to be any private use on the cars
43
What does the car benefit amount cover
Covers all the running costs of the car including insurance maintenance road tax
44
What must you be careful with when calculating the car benefit?
Whether the benefit needs to be time apportioned
45
TYU6: John was provided with a house to live in by his e'er. It costs his e'er £160k in June 15 and £40k was spent on improvements in Dec 15. The house has an annual value of £4k per annum. Calc John's taxable benefit for the TY 19/20
Basic charge (annual value) = £4,000 Expensive accommodation benefit (£160k + £40k - £75k) x 2.5% = £3,125 Total taxable benefit = £7,125
46
How do you calc the fuel benefit?
CO2 emissions % x £24,100 There is no deduction for a partial contribution made by e'ee towards pvte fuel (but if the e'ee makes good the whole cost of the private fuel then there is no benefit)
47
What is the van benefit?
£3,430 or £2,058 for zero emission vans
48
What is the van fuel benefit?
£655
49
When do employment related loans act as a benefit?
When the loans made to e'ee are given below the official rate of interest of 2.5%
50
TYU7: A is a hotel manager and is provided w accommodation in hotel (job related) Her salary is £28k, she has other benefits of £800 and pays £2,600 per year into e'ers pension scheme Accommodation has an annual value of £3.5k and cost her e'er £90k 4 years ago. The accommodation contains furniture which cost the e'er £9k 4 years ago (when A was first provided with the accommodation) E'er pays all the household bills totalling £1.4k Calc the taxable benefit for A's accommodation for full year
basic charge and expensive accommodation benefits are exempt Ancillary benefits : Furniture £9k * 20% = £1,800 Bills £1,400 Total £3,200 Restricted to (£28k + £800k - £2,600) * 20% = £2,620 Therefore taxable benefit =£2,620
51
Which method is automatically used for calculating the employment related loan method?
Average method applies | Unless the taxpayer or HMRC let to use the strict method
52
What is the calculation process for employment related loans taxable benefit (using either method)?
Taxable benefit: Loan amount (under strict/average method) x ORI X Less: actual interest paid in the year (X) = Assessable benefit X
53
When is there not a taxable benefit for employment related loans?
- Total loans to an e'ee is less than £10k throughout the TY | - The loan is made on normal commercial terms in the course of a money lending business
54
How are write offs of part/full loan to employee treated?
The amount written off is treated as benefit and charge to income tax in full at the time of write off
55
What are e'ees taxed on when the e'er purchased an asset and gives it to the e'ee immediately?
The e'ee is taxed on the cost to the e'er
56
What is the benefit to an e'ee where the e'ee has used of an asset and is then given the asset
The benefit is the higher of 1. Market value when gifted 2. Market value when first provided Less benefit already taken under private use (asset on loan) rules (i.e. 20% of the market value per annum for as long as the asset has been lent to the e'ee) Where the asset being given is a car, van or bike, the benefit is always the current market rate In all cases, e'ee contributions are deductible
57
What is the benefit to an e'ee where the e'ee has used of a car, van or bike and is then given the asset?
Where the asset being given is a car, van or bike, the benefit is always the current market rate In all cases, e'ee contributions are deductible
58
What are optional remuneration arrangements?
Also known as a salary sacrifice Schemes through which e'ee gives up right to an amount of earnings in return for a benefit in kind Includes benefits with a cash allowance option and flexible benefits packages with a cash option
59
What is another name for optional remuneration arrangements?
Also known as a salary sacrifice
60
What changes were made regarding optional remuneration arrangements recently?
From 6 April 17, changes mean benefits provided under ORA no longer benefit from the income tax and salary sacrifice arrangements Previously e'ees would pay less income ax and NICs in comparison to what they would've paid if it was entirely cash
61
What is the taxable benefit when some kind of benefit is chosen instead of some kind of pay (i.e. an optional remuneration package)?
Taxable value of the benefit is the higher of - The amount of cash pay given up - The taxable value under the normal benefit in kind rules taxable amount is treated as a benefit (usually via P11D) and subject to Class 1A NI contributions
62
How is taxable benefit taxed for optional remuneration arrangements?
taxable amount is treated as a benefit (usually via P11D) and subject to Class 1A NI contributions
63
What is different amount exempt benefits when given as an optional remuneration arrangement?
They are taxed as a benefit even if they would normally be exempt However, the following benefits are excluded from these rules an the benefit is to taxable even if part of the optional remuneration arrangement - Pension savings - E'er provided pension advice - Childcare - Cycle to work (cycle and safety equip) - Ultra- low emission cars
64
What is different amount exempt benefits when given as an optional remuneration arrangement?
They are taxed as a benefit even if they would normally be exempt However, the following benefits are excluded from these rules an the benefit is to taxable even if part of the optional remuneration arrangement - Pension savings - E'er provided pension advice - Childcare - Cycle to work (cycle and safety equip) - Ultra- low emission cars
65
Give some examples of things that would still be exempt from taxation if given as part of optional remuneration arrangements?
- Pension savings - E'er provided pension advice - Childcare - Cycle to work (cycle and safety equip) - Ultra- low emission cars
66
How are optional remuneration arrangements dealt with that have been existing before the changes?
Transitional arrangements are in place until 6 April 2021 for existing optional remuneration arrangements relating to cars and living accommodation