1 - Income Tax (G) Flashcards
G Taxation of employee benefits (38 cards)
Define ‘employee benefit’
Any type of non-monetary compensation
What forms do employers need to complete if employee benefits are not payrolled?
P11D
Are employee benefits taxable?
Yes
Employees are taxed on the cash equivalent of a benefit rather than on its second-hand value. How does an employer define the cash equivalent value?
Broadly the cost to the employer of providing the
benefit - this can sometimes be less than what it’s worth (the second hand value), where the employer may have bought it in bulk
What did Pepper v. Hart (1992) decide?
That the taxable benefit for an employee on in-house benefits provided by an employer is based on the marginal cost only.
How is the cash equivalent calculated on an asset that is used the employee, that’s not a motor car or accommodation)?
– the ‘annual value’ of the use of the asset; plus
– any expenses incurred by the employer in maintaining the asset.
How is the annual value of a usable asset calculated?
The annual value is taken as 20% of the market value of the asset when it was first provided to the employee.
How is the benefit calculated if a car is provided to an employee or member of their family for private use?
As a percentage of the list price of the car, which is based on a level of a car’s carbon dioxide (CO2) emissions
What taxable benefit charge (%) is applied on cars that can only be driven in zero-emission mode?
2%
What is the supplement on diesel cars that do not meet the Real Driving Emissions 2 (RDE2) standard?
4%, except for diesel hybrids
What are the percentage charges for petrol-powered cars with CO2 emissions of 51 g/km or more?
Remember 51 - 54 @ 15%
Then for column 1, 55 and increase in multiples of 5 to 160
Then for column 2, increments of 1% each time, with the last one being “over”
51 to 54 15%
55 16%
60 17%
65 18%
70 19%
75 20%
80 21%
85 22%
90 23%
95 24%
100 25%
105 26%
110 27%
115 28%
120 29%
125 30%
130 31%
135 32%
140 33%
145 34%
150 35%
155 36%
160 and over 37%
Which type of cars are taxed by reference to current market value and not their original price? And what are the percentages an bands?
Classic cars aged 15 years or more at the end of the tax year, and with a value of £15,000 or more:
15% (0 to 1,400cc)
22% (1,401 to 2,000cc)
32% (over 2,000cc)
Why is the use of a pool car not a taxable benefit?
Such a car is defined as a car that is
available to more than one employee and is not usually kept overnight at an employee’s
home. Furthermore, any private use should be only incidental to the business use.
What is the 2023/24 fuel benefit charge?
£27,800
When is fuel benefit not provided?
- When no fuel is provided
- When fuel is provided for business use
- Cost of private fuel is fully reimbursed by the employee
If travelling to a temporary place of work, is this classed as personal or business travel?
Business
If travelling to a usual place of work, is this classed as personal or business travel?
Personal
What are the taxable benefits for company vans?
£3,960 (nil for zero emission vans)
Plus £757 when van fuel is available for private journeys
What is the official rate of interest for taxation of beneficial loans?
2.25%
When is the benefit of interest free or ‘cheap loans’ from an employer, not taxable?
When it does not exceed £10,000
Where an employee occupies rent-free accommodation or pays only a very low rent, there is
generally a tax charge on the benefit.
How is the taxable benefit assessed and would an additional charge be incurred?
How is the additional charge calculated?
First assesed on the annual value (annual rent expected from a normal market), or rent actually paid by employer, if higher
Additional charge is applied if the property value is over £75,000 and owned by the employer.
The value is then multipled by deducting it from £100,000 and multiplying it by 2.25% which is the 2023/24 official rate of interest.
i.e., if property cost is £100,000, then £100,000 - £75,000 = A. Then A x 2.25%.
In which 3 circumstances can an employee avoid being taxed on the benefit of living accommodation? And which 2 of the 3 circumstances can directors who own more than a 5% share in the company, NOT claim?
- Necessary for the employees duties i.e., caretaker
- Helps the employee perform their duties better i,e., publican
- Special threat to employees security
Directors cannot claim 1 and 2
If an employer provides furnishing and equipment in living accommodation, what is the tax benefit charge?
20% market value
What type of income are cash vouchers treated as for tax purposes?
Earnings