Following on from Novembers edition we received some very interesting, topical questions from readers relating to reward and benefits so we decided to put them to an expert. Dave Gibson is an Accountant and Business Advisor for Tax Assist and answers as follows:
Q : Over the Christmas period, some of my employees are required to be on call 24 hrs per day, and consequently use their personal mobile phones to make business calls. How should I reimburse these employees for the cost of the business calls they make?
A : Where this is the case, Class 1 NIC and tax are payable though PAYE if you;
1. Reimburse the cost of the mobile telephone, service charges or the cost of private calls
2. Provide the employee with a voucher for use in relation to the mobile telephone or private calls made on it.
Where you reimburse the costs incurred by an employee in making business calls only on his or her own mobile telephone, you can ask for a dispensation from the HMRC. If you do not have a dispensation you must return the full cost you have incurred on reimbursing the calls on form P11D at section O. No Class 1 or Class 1A NIC is payable. The employee can then apply to the HMRC to advise that the payment is for expenditure incurred in the course of their employment and claim a refund for tax paid on this.
An alternative option for the future is to provide these employees with a mobile telephone and enter into a service agreement with the telephone company. Then there would be no liability for NIC or tax. This applies to the provision of the telephone, the service and all calls.
Q : One of my full-time employees has recently switched to part time hours due to family commitments. She is concerned that this change may affect her entitlement to the basic state pension and other state benefits. Is this the case?
A : Assuming your employee earns more than £100 per week on these new hours, no change to her entitlement will occur as she will continue to pay Class 1 National Insurance contributions on her earnings.
For each week that your employee earns between £87 (the lower earnings limit) and £100 (the primary threshold) during the 2007/08 tax year, she will be treated as paying National Insurance contributions even though no contributions are deducted from her pay. This means that she will continue to build up entitlement to contributory benefits such as the basic State Pension and Incapacity Benefit, even though she is not paying standard rate National Insurance contributions.
However, if she earns less than the lower earnings limit, she will not pay National Insurance contributions and will not receive credit for state pension and benefit purposes either. She may still be able to protect her entitlement to the basic State Pension if she pays NI class 3 voluntary contributions, gets certain benefits or if she is a carer who receives Home Responsibilities Protection.
If you have any questions you would like put to Dave for January's edition please email me directly.
TaxAssist Accountants are the accountancy and tax service for small business. They are the largest national network of accountants, looking after some 24,000 businesses. Based in North Shields Dave can be contacted on 0191 258 7676.
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