Tax Efficient Termination Remuneration

30th August 2016

Taxation of Termination Payments: ‘All change’
HMRC has, for a while now, been trying to find a way around allowing the £30,000 tax free termination payment to employees. This may, in part, be from the knowledge that there have been occasions where some employers have excluded the inclusion of ‘payments in lieu of notice’ (PILON) from their contracts of employment, such that these payments will be made tax free. It is therefore no real surprise that the Government has now published proposals to change the tax treatment of termination payments.

Currently where a PILON is included in the contract of employment it is, like other wages payments, a contractual sum and is taxable.
Where there is no contractual entitlement for a PILON it may be tax-free where the total non-contractual termination payment, (whether redundancy, ex gratia or a non-contractual PILON) is tax-free up to £30,000; In these circumstances the element of any such payment above £30,000 currently still benefits from NIC exemptions. However, this is all set change from April 2018 as the Government proposes that:

  • All PILONs, whether included in the employment contract or not, will be taxable, with genuine redundancy and ex-gratia payments remaining tax-free in total up to £30,000.

This means that, unlike now, payments made that are greater than £30,000 will be subject to not just PAYE but National Insurance contributions also.



 
Other items in Blogs
 
Richard Alecock
24th May 2019 Making Tax Digital for VAT: Supplier statements now acceptable

In a welcome about turn, HMRC has changed its controversial policy on the recording of purchase invoices under Making Tax Digital for VAT. This will mean a huge time-saving for many businesses using the cash accounting scheme.   Under the cash accounting scheme, input tax is only claimed when payments are made to suppliers, and…

Read More »

Hannah Wisbey
22nd May 2019 Reform of Companies House Register

The government is consulting on proposals to significantly change the role of Companies House, with the aim of ‘increasing the transparency of UK corporate entities and helping combat economic crime’.   The consultation considers reform to: the information that companies are required to disclose increasing the checks on the information disclosed measures to improve the…

Read More »

Matilda Mawson
20th May 2019 Property allowance considerations: Joint properties held in unequal proportions

The property allowance was introduced on 5 April 2017, allowing a flat rate deduction of £1,000 to be claimed against property income, in lieu of keeping detailed records of expenses. This however, raises the question as to whether individuals renting out a joint property are required to make the same claim as one another. In…

Read More »

Bethan Hassey
20th May 2019 RSM’s Zorb Football Tournament

  On Thursday 16th May, Whitings attended RSM’s first ever Zorb Football Tournament in aid of the charity GeeWizz! After playing against 5 other firms, Whitings managed to finish 2nd overall based on goal difference.   It was a great event which helped raise money for a great cause. GeeWizz help support children and young…

Read More »

Matilda Mawson
16th May 2019 2019/20 Changes to Personal Tax and How It Could Save You Money

With the new tax year in full swing, we set out below some of the changes to various allowances and tax bands that affect how much tax you are paying: The personal allowance (the amount you can earn before you begin paying tax) has increased from £11,850 to £12,500. The basic rate tax band has…

Read More »

Jodie Tarbin
14th May 2019 PPR and Lettings Relief: an Update

Shortly following the last autumn budget, I published a blog “CGT Reliefs – Hit with Both Barrels!”, regarding the changes announced to the Principal Private Residence Relief (PPR) and letting relief rules.   HMRC have now published a consultation document, which can be found here: https://www.gov.uk/government/consultations/capital-gains-tax-private-residence-relief-changes-to-the-ancillary-reliefs   The consultation period closes at 11:45pm on 1…

Read More »