Tax Bank - General tax info with Q&A

Soldato
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Hi all,

I thought I'd put to rest all of these tax threads and try to cover the basics to educate and help people realise how that deduction on your payslip is calculated. Feel free to ask questions, but please note the disclaimer below...

DISCLAIMER
The tax advice contained throughout this thread is not advice specific to you. It is general tax knowledge that you could find elsewhere on the web. Any answers given to questions are not to be acted upon without first checking with a local, qualified accountant or tax advisor. While people like myself, Vonhelmet and Pudney all work in tax and have certain tax qualifications, we are not your tax advisors.

Employment income
"Gross" in this thread means the amount in your contract.
"Net" means the cash you receive after tax and other relevant deductions such as pension contributions and salary sacrifice schemes.

When calculating your tax liability each tax year (6th April to 5th April) we look at your gross income. It includes dividends, interest, rental income, everything. For now, lets concentrate on your employment income.

Employment income is your gross employment earnings (on your P60) plus any benefits you receive (on your P11D) such as interest free loans, company cars, etc. Usually these benefits have a taxable equivalent of the cost to the company but things like company cars have it based on specific legislation such CO2 emissions and the car price. Please note: pension contributions made by your employer are not taxable.

Pension contributions made by yourself to an employer scheme is deducted from your employment income. Pension contributions made by yourself to a private scheme is accounted for in another way, detailed later.

How tax is calculated

20110525-kfcc81hpu8hguu3jhwgcddrrq4.png


Here are some examples of income. It is categorised between three categories, non-savings (taxed 1st), savings (2nd) and dividend income (3rd).

Savings are generally interest. You usually receive interest net of tax. Therefore the net is grossed up at (100/80) to generate the gross amount.

Dividends are received net of a notional 10% tax credit. Therefore the dividend is gross up at (100/90). The 10% gross up is then deducted with PAYE tax paid when calculating tax due. I.e. tax on dividends up to your HRB is tax free.

You receive a tax free person allowance of £7,475 (http://www.hmrc.gov.uk/rates/it.htm). This is deducted from your income in the order above so most people use it all up against their non-savings income.

Next you have income rate bands. Generally speaking, these are:
  • Basic rate band (BRB) up to £35,000
  • Higher rate (HRB) is £35,001 to £150,000
  • Additional rate (ARB) is over £150,000
Your income is taxed in the order listed above. You can think of each band as buckets. You keep pouring the income until the bucket is full. If you have £40,000 of NS income after your PA then you will use all of the BRB and the remaining £5,000 will go in to the HRB. If you have £20,000 of NS income and £20,000 S income, all of the NS income will be in the BRB. £15,000 of S income will fill up the rest of the BRB and the remaining £5,000 will go in to the HRB.

The income in each band is taxed at the following rates:
20110525-jfr5pp6r3ukrebdp9ufpj15et5.png


Finally, you have the tax liability. Now deduct the tax paid via PAYE (on your P60 or sum of your payslips), any dividends credits or taxed paid at source (e.g. on interest) or via payments on account. This will give your tax due.

Useful tip: If you only have employment income, use http://listentotaxman.com/ It will tell you exactly how much tax you should pay. Be warned, you need to know your your total employment income including the taxable value of your benefits such as company cars.

Private pension contributions

Private pension contributions extend your basic rate tax band. It does this by grossing up your pension contribution at the basic rate (100/80) to calculate the gross contribution and then extends the basic rate band by the gross calculated amount.

How tax is paid

Employment income: Tax is withheld via the PAYE (Pay As You Earn) scheme based on the tax code HMRC allocate to you at the start of the tax year. Your tax code splits your personal allowance and rate bands on a per month basis. Most people will have the tax code 747L.

Your tax code will be different if you have benefits or have untaxed earnings such as interest. This untaxed income is deducted from your personal allowance to give the new code. The aim is to make it so that you have no liability due at the end of the year. I recommend calculating the tax due from everything except dividend income and compare it to the tax deducted from your payslip each month.

Issues with tax codes

1. Your employer doesn't receive a tax code and puts you on BR (Emergency code). BR stands for Basic rate. This means they deduct tax at a flat rate of 20%. Unless this if your second job and you are not a higher rate tax payer, you're under or over paying. Call HMRC and get your tax code changed! (http://www.hmrc.gov.uk/incometax/emergency-code.htm)

2. I have a K code. HMRC believe your untaxed income is greater than your taxable income. See here for more info

Being a sole trader

This is non-saving income. It is calculated by taking your earnings and deducting certain allowable expenses. In order to be deductible the expense must be 'wholly and exclusively' for the purposes of the trade. Check with an accountant to find out if the expense is deductible. Don't forget capital allowances and remember, capital items (usually items with a life time of > 1 or 2 years) are not deductible!

National Insurance

Note: I will only talk about contributions you pay.

Employees pay Primary Class 1 on 'Readily convertible assets' aka cash or anything that goes through your payslip. Benefits or non RCA (on your P11D) do not suffer employee contributions.

Unlike income tax, national insurance is calculated based on income for the period you are paid (e.g. weekly or monthly) rather than on an annual basis. No national insurance is paid up to the Primary threshold for that period (£139 for a week). Between the PT and the Upper Earnings Limit (£817 for a week) suffers 12%. Anything above this is 1%.

Self employed people pay voluntary class 2 (£2.40 a week) and class 4 at 8% above the PT on an annual basis.

You currently need 30 years of National Insurance contributions to receive the full state pension. The information above assumes you haven't contracted out.

Contractors

WARNING: Do you really think HMRC would allow you to pay an effective rate of tax of 5% by simply becoming 'self employed' and being a contractor? IR35 affects a lot of people in these situations. Do not believe companies who claim they can get you 99% take home pay!!

IR35 basically forces you to pay tax as if you were employed by the company by calculating a deemed employment income. It is very complicated tax legislation but you generally fall within it if when you take out the middle party, you are an employee. Try this tool: http://www.hmrc.gov.uk/calcs/esi.htm

If you are classed as an employee, get immediate advice from a tax advisor or accountant. That tool isn't legally binding. HMRC can decide you're an employee anyway. Be warned!!

Partnerships

Partnerships are taxed in the same way as sole traders. Profit sharing, asset revaluations and adjustments to the partnership are all items that make partnerships slightly complicated. For this reason I'll simply advise you talk to an accountant.

This thread will be updated as common questions appear.
 
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Just came across this thread whilst looking for some information on NIC

Somehow it turns out I've paid less NIC than I'm supposed to in the last tax year and owe around £1000 - all my salary is done through PAYE and none of the other employees seem to have this problem. I used an online calculator (http://listentotaxman.com/) and the NIC amount on there is indeed around £1000 higher.

Would there be any good explanation why this happened ,or just a mistake by HMRC?
 
I have a question, I have a friend He lives in Prague and has inherited a couple of houses in london probably worth a total of 1.5 to 2m, but he has no money and did not inherit any money.

So my question is because he is not a UK tax resident does he have to pay UK inheritance tax?
 
I'm a limited company contractor and would like to give money to charity but would like to benefit from it being tax deductable. Do I just have to get a receipt and treat it as an expense or I there something else I have to do? Also does the money have to come out of the company bank account directly or can it come from my personal account after being transferred from the company account. Many thanks.
 
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Is there an easy way to see if I have overpaid in the past? A rebate would be nice right now!

Get your P60's and compare how much tax you've paid to how much tax you should pay.

I'm a limited company contractor and would like to give money to charity but would like to benefit from it being tax deductable. Do I just have to get a receipt and treat it as an expense or I there something else I have to do? Also does the money have to come out of the company bank account directly or can it come from my personal account after being transferred from the company account. Many thanks.

It's called Gift Aid. When you give to charity you need to elect to donate plus gift aid. If you're a higher rate tax payer you need to declare the gift aid as it will extend your basic rate band, saving you tax at your highest rate - 20%.

That's probably more effective than doing it through the company but I'd need to work it out. Your best bet would be to deduct the Gift Aid from your company's total profit at the end of the year and then work out the total tax you pay on both company and your income. Then compare to the tax paid from the method above.

Just came across this thread whilst looking for some information on NIC

Somehow it turns out I've paid less NIC than I'm supposed to in the last tax year and owe around £1000 - all my salary is done through PAYE and none of the other employees seem to have this problem. I used an online calculator (http://listentotaxman.com/) and the NIC amount on there is indeed around £1000 higher.

Would there be any good explanation why this happened ,or just a mistake by HMRC?

Your employer should have dealt with this. Contact them to make sure they took the correct amount of money as per your tax code. Otherwise contact HMRC and explain the situation. I'm not totally up on what would happen in this situation with NIC underpayments. They don't really do refunds on NIC overpayments so it's different to PAYE tax.
 
I have a question, I have a friend He lives in Prague and has inherited a couple of houses in london probably worth a total of 1.5 to 2m, but he has no money and did not inherit any money.

So my question is because he is not a UK tax resident does he have to pay UK inheritance tax?

No idea. I'll get back to you tomorrow.
 
Your employer should have dealt with this. Contact them to make sure they took the correct amount of money as per your tax code. Otherwise contact HMRC and explain the situation. I'm not totally up on what would happen in this situation with NIC underpayments. They don't really do refunds on NIC overpayments so it's different to PAYE tax.

Sorry I might not have worded it well - apparently I've paid too little NIC and I owe around £1000. Accountant will call me sometime next week, I'm just a bit confused how this could have happened - as my tax code is the same on all my payslips (647L)
 
Just came across this thread whilst looking for some information on NIC

Somehow it turns out I've paid less NIC than I'm supposed to in the last tax year and owe around £1000 - all my salary is done through PAYE and none of the other employees seem to have this problem. I used an online calculator (http://listentotaxman.com/) and the NIC amount on there is indeed around £1000 higher.

Would there be any good explanation why this happened ,or just a mistake by HMRC?

More likely a mistake by your payroll people than by HMRC, unless for some freaky reason HMRC had given your employer the wrong NIC letter, but it's usually the employer that determines those anyway.

At the end of the day, the liability rests with you, even if it's your employer's mistake. You can pay it back in one go or leave it and make catch up class 3 contributions in the future as and when you have the cash, or you can just accept that you'll be short on your NIC contributions and will receive a lower state pension as a result.
 
Sorry I might not have worded it well - apparently I've paid too little NIC and I owe around £1000. Accountant will call me sometime next week, I'm just a bit confused how this could have happened - as my tax code is the same on all my payslips (647L)

NIC isn't determined by your tax code. You are assigned a NIC letter; I forget what the standard one is. It's probably a mistake by your employer.
 
I have a question, I have a friend He lives in Prague and has inherited a couple of houses in london probably worth a total of 1.5 to 2m, but he has no money and did not inherit any money.

So my question is because he is not a UK tax resident does he have to pay UK inheritance tax?

I'm sure Kemik will confirm this or correct me when he has looked into it, but here's my initial thoughts:

IHT liabilities rest with the estate. They are nothing to do with the recipient of the gifts, though it can appear that way insofar as you may find yourself paying out of money or assets that you are gifted. As such, given that the assets in the estate were in the UK at the time of death (assuming they weren't held through some wacky offshore companies or trusts) then they will be subject to IHT. IHT liabilities should be met by the executor of the estate out of the value of the estate, so your friend should get in touch with the executor and check what is happening. If there is insufficient cash in the estate, then assets may have to be sold, or your friend may choose to pay the liabilities in cash himself (though you say he can't) if he doesn't want to liquidate the houses.
 
NIC isn't determined by your tax code. You are assigned a NIC letter; I forget what the standard one is. It's probably a mistake by your employer.

The "NIC table letter" is A which is the same for other employees, but apparently the totals on my P60 don't add up :confused:

Will see what accountant says on Monday
 
It's called Gift Aid. When you give to charity you need to elect to donate plus gift aid. If you're a higher rate tax payer you need to declare the gift aid as it will extend your basic rate band, saving you tax at your highest rate - 20%.

That's probably more effective than doing it through the company but I'd need to work it out. Your best bet would be to deduct the Gift Aid from your company's total profit at the end of the year and then work out the total tax you pay on both company and your income. Then compare to the tax paid from the method above

I don't pay enough income tax to benefit from giftaid, wasn't aware you could use giftaid on corporation tax?
 
I'm a limited company contractor and would like to give money to charity but would like to benefit from it being tax deductable. Do I just have to get a receipt and treat it as an expense or I there something else I have to do? Also does the money have to come out of the company bank account directly or can it come from my personal account after being transferred from the company account. Many thanks.

Assuming:

Your company is small, paying tax at 21%
You are a higher rate taxpayer

Donation by company

Donations by companies are deductible on an accruals basis if paid to local charities or on a paid basis if paid to national charities. Broadly speaking, assuming you are a small company, you will save corporation tax at 21% of the donation if you pay it out of the company bank account.

So if the company pays £100 to the charity, you will save £21 of tax, so the net cost to the business of a £100 gift is £79.

Donation by individual

Donations by individuals can be gift aided, and - assuming you are a higher rate taxpayer - will save you tax at 20% of the value of the gift grossed up at 100/80. If this is paid out of your salary, then it will have already been allowed as a corporation tax deduction, so the company saves some tax, and you will only pay 20% tax on the amount you receive. If, instead, this is paid out of a dividend, then it will have been subjected to tax at 21% (assuming you are a small company) in the company, and may then be taxed as dividend income on you at an effective rate of 22.5% if you are a higher rate payer, or which you will recover 20%, giving a net income tax rate of 2.5%.

Salary route: You pay £80 to the charity. They recover the other £20 through gift aid. Your basic rate band is increased by £100, so you pay £20 less in tax. The net cost of the gift to you is therefore £60, and the company only needs to pay you £60 to achieve this result. Assuming that £60 was allowed as a deduction against corporation tax at 21%, you have saved a further £12.60 on the company's tax bill, so the net cost of the £100 gift to the company is £47.40.

Dividend route: You pay £80 to the charity. They recover the other £20 through gift aid. Your basic rate band is increased by £100, so you pay £20 less in tax. Dividends are effectively taxed at 22.5% if you are a higher rate taxpayer, so to donate £80 after tax, you would have had to be paid a gross amount sufficient to leave £80 after tax deducted at (22.5% - 20% recovered). This gives £83 net that you have to receive as a dividend from your company. This £83 will itself have been subject to corporation tax at 21% (assuming yours is a small company) so the total cost to the company is £105.

On this basis, the most efficient way of doing things is to pay yourself 80% of the desired value of the gift as salary, then donate it and claim the gift aid. The least efficient way is to take it as a dividend, as under this route the revenue ends up with a chunk of the money that you'd otherwise want to go to the charity. The option of the company donating the money sits in the middle.

Disclaimer: This maths is hard work. I may have made mistakes. My assumptions may be incorrect. Don't kill me. I'm a tax adviser but I'm not your tax adviser.
 
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Argh, I post all that and then find out you're a basic rate payer :D

Salary route

In that case, you don't recover your extra £20 tax, so the company has to pay you £80 to give rise to the £100 gift. That £80 results in a 21% tax deduction, so the cost to the company is instead £63.20.

Dividend route

As the dividend won't be taxed on you at the piddly 2.5% rate, you just need to think of the £80 being after CT, so the cost to the company is then £101.

It still looks like the salary route works out the best.

I haven't taken account of NIC in all this, BTW, so my analysis might be skewed as a result.
 
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Thank you very much guys, it is complicated by the fact I pay myself £139 a week and take the rest as dividends (I know about IR35) so that is why giftaid is a problem hence why my preferred choice would be via the company as it can be offset against corporation tax
 
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Thank you very much guys, it is complicated by the fact I pay myself £139 a week and take the rest as dividends (I know about IR35) so that is why giftaid is a problem hence why my preferred choice would be via the company as it can be offset against corporation tax

Without doing the maths I assume that £139 takes you up to the basic rate limit, yeah?

In that case, via the company is the best route, as paying it yourself when the majority of your income is dividends is not tax efficient.

HMRC could query why you are making the donations via the company, if they're suitably large to draw their attention and cause them to suspect you're avoiding tax, but I can't imagine it's likely given the size of the business you're talking about or the likely amounts in question.
 
£139 would be to use his PA in the year I would assume to ensure he doesn't pay any tax.

Edit: And what a lot of questions, I've missed all the fun!
 
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Kemik / Pudney / vonhelmet...are you all working for large accounting firms, self employed, in industry, or what? And what qualifications do you have if you don't mind saying?
 
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