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

It is time to prepare the Forms P11D and P11D(b) for the 2018/19 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 6 July 2019 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 2019 and late payment will incur interest charges.  In addition employees must be provided with a copy of their P11D by 6th July 2019.

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 2018-19. The Fuel benefit charge, on which the emission percentage is applied, has been increased from £22,600 in 2017-18 to £23,400 in 2018-19, with a further increase to £24,100 in 2019-20. 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 2018 (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 £3,350 and fuel benefit charge was £633 in 2018-19, increasing to £3,430 and £655 respectively in 2019-20.
  • Beneficial Loans with a combined outstanding value to an employee of less than £10,000 (2018-19) throughout the whole year do not need to be reported. The official rate of interest applicable to beneficial loans for 2018-19 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

Expenses or Benefits provided in the 2018-19 Tax Year

Expense or benefit  Details Class 1 Class P11D or PAYE
payable 1A due
Assets at employees disposal or given to employee Including mixed business and private use NO YES P11D
Car Fuel Company Car NO YES P11D
Car Fuel Private Car – paid by company credit card, garage account or fuel pump NO YES P11D
Private Car – payment by any other method including excess mileage payments YES NO P11D
Cars Private use of company car NO YES P11D
Childcare Employer provides or contracts NO NO P11D
(Value allowed depends on rate of tax and when the scheme was joined.)
Employee contracts and is reimbursed YES NO PAYE
Christmas bonuses Cash YES NO PAYE
Goods NO YES P11D
Credit Card Payments Goods and services for the employer NO NO
Specific & distinct business expenses incurred by the employee NO NO P11D
Items for personal use YES NO P11D
Expenses payments Non business expenses, or where expenses are not checked and supported as business expense YES NO PAYE/
P11D
Any profit element in the payment YES NO P11D
Employee personal expenses paid by employer Employee contracts YES NO P11D
Mobile Phone Phone provided by employer NO NO
(No tax on one mobile phone provided to any employee by the employer) Phone bills paid by employer – employee contracts YES NO P11D
Overdrawn directors loan account/beneficial loans Non qualifying NO YES P11D
Written off YES NO P11D
Personal Bills Paid by the Employer YES NO P11D
Payment or reimbursed to employee YES NO PAYE
Private Telephone / internet Employer contracts with provider, rental and non reimbursed private expenses NO YES P11D
Employee contracts with provider, rental and private calls YES NO P11D
Private medical insurance Employer contracts with provider NO YES P11D
Employee contracts with provider YES NO P11D
Round sum allowance Not matched by specific business expense YES NO PAYE
School Fees Employer contracts with School NO YES P11D
Employee contracts and is reimbursed YES NO PAYE
Subscriptions – not qualifying for tax relief Employer contracts NO YES P11D
Employee contracts YES NO P11D
Trivial Benefits Provided meets full conditions shown above NO NO NO
Vans and Fuel Available for private use NO YES P11D

 

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 Service for completion of your PAYE / CIS records and RTI forms. Please contact Pip Trowles our Payroll manager for a quote.

Kim Payne Lambert Chapman

 

> Posted by Kim Payne

 

 

 

 

Disclaimer: The views expressed in this article are the personal views of the Author and other professionals may express different views. They may not be the views of Lambert Chapman LLP. The material in the article cannot and should not be considered as exhaustive. Professional advice should be sought in connection with any of the issues contained in the article and the implementation of any actions.
Lambert Chapman Chartered Accountants

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