Employment income is subject to
Income tax, Class I NIC (Employee), Class I NIC (Employer), Class I-A NIC (Employer)
Termination payment means
Amount paid at the termination of job
Termination payments are divided into 3 heads
Wholly exempt
Payments which are not subject to NIC and income tax.
Paid under legal obligation by employer (statuotry redundancy payment, statutory disability payment)
Wholly chargeable
Cash paid to employee at the time of termination. Contractual obligation
e.g notice period amount, payment made under any contract between employee n employer)
Income tax, NIC Class I employee and employer both charged
Partially exempt payments
On these payments and benefits exemption is available uptil 30,000 GBP. However this limit is reduced if any wholly exempt amount are also paid to employee. On excess amount, Income tax and class I-A employer NIC is payable.
Partial payment includes
Ex-gratia payments: amount without any legal or contractual obligation
Non cash benefits given at termination
Car given for use uptil certain period after termination
Continued use of employer accommodation for certain period after termination
If insufficient notice is paid to employee and no amount paid for it, however some exgratia amount is paid, then exgratia includes compensation for insufficient notice
It is determined by annual salary / 12 x months
Share based payment includes
Employee provide shares as part of remuneation to employees
Share incentive/ transfer of shares include
immediate giving of shares
Share options
Promise to pay shares at some future date
When shares are transferred, employment benefit will be assesed by
Mv of shares xxx
less amount paid -xxx
On this benefit what will be payable
Income tax and NIC both
NIC CLASS I EMP
NIC CLASS I ER is paid on?
Shares are of quoted company
NIC class IA ER is paid on?
Unquoted shares
When shares are disposed then cgt will arise on it:
DP xxx
MV of shares trnsf -xxx
Gain/ loss xxx/-xxx
Share options
In this agreement, shares to be given to employee at a future date
In share options three dates are important
1) Grant date: at which the share option agreement was done between employer and employee
2)Exercise date: at which employee get actual shares
3) disposal date: date at which employee sell/disposes those shares
From tax perspective, Share option agreements are divided in two categories:
1) Approved share option plans
2) Unapproved share option plan
If share option plan is from one of the approved share option plans then its taxation will be only assessed on disposal proceeds
DP xxx
less:cost -xxx
If share option plan is not from approved plan then it is
unapproved option plan
Unapproved option plan will be taxed as:
Grant date: no tax will be assessd
exercise date: employment benefit will be assessd
MV of shares on exercise date xxx
less: amount paid by employee - xxx
you will get employment benefit xxx
Income tax and NIC will be assesd (NIC will be quoted and unquoted same rule)
Unapproved plan if disposed:
Disposal proceed xxx
less: mv of shares at transferred date -xxx
Gain/loss xxx
It is taxed under CGT
Approved share option plans include