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The auto-enrolment duty Since 1 October 2012, at their staging date employers must auto‑enrol eligible jobholders into a qualifying pension scheme, allow opt‑outs, pay minimum contributions, and re‑enrol every three years. They also had to identify their staging date, workers, and scheme. Identifying the staging date PAYE 120,000+: from 1 October 2012. Under 120,000: 1 Nov 2012 to 1 Apr 2017. PAYE first payable Apr 2012–Sep 2017: 1 May 2017 to 1 Feb 2018. On/after 1 Oct 2017: first worker’s start date. DB or hybrid schemes could defer to 1 Oct 2017. Staging could be moved, and auto‑enrolment postponed up to three months. Who needs to be enrolled automatically? Eligible jobholders work (or ordinarily work) in Great Britain under a worker’s contract, are 22 to under State Pension age, and have qualifying earnings above the earnings trigger. What type of pension scheme can be used? ...
Procedural Guide This Procedural Guide explains the process for seeking an attachment of earnings order under the Attachment of Earnings Act 1971 and the Family Procedure Rules 2010, SI 2010/2955, Pt 39, to enforce a maintenance order by directing deductions straight from a debtor’s earnings... Eligibility to apply Handling arrears exceeding 12 months Obligations of the employer and the debtor Where the judgment debtor is an employed individual, the judgment creditor may apply to enforce the judgment against the debtor’s wages or salary. If granted, the employer must make regular deductions from the debtor’s pay and remit those sums to the court. This is referred to as an attachment of earnings order (AEO). See also Practice Note: Attachment of earnings order... FPR 2010, SI 2010/2955, Pt 39 applies to any proceedings that began, but were not concluded, before 6 April 2016 (when procedural amendments were introduced), in the same manner as it applies to proceedings commenced on or after that...
A share incentive plan (SIP) enables employees to obtain shares in their employer, or a parent company of the employer, in a tax‑efficient manner, under a statutory scheme. The legislative framework for SIPs is found primarily in the following provisions: Schedule 2 to the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003), which describes how a SIP can be run and the principal conditions that must be met for the SIP to be a ‘Schedule 2 SIP’; ITEPA 2003, Pt 6 Ch 7 (ITEPA 2003, ss 488–515), which sets out the income tax treatment of shares obtained under a SIP. For more general background and context on SIPs, see Practice Note: What is a SIP? Set out below is a checklist of the key matters to consider before establishing or operating a SIP. It proceeds on the basis that the SIP Trust Deed and Rules comply with ITEPA 2003, Sch 2. See Precedents: SIP rules and SIP trust deed. Preliminary...
R (oao UBS AG) v HMRC and another [2024] UKUT 242 (TCC) As part of JW’s reward package, UBS and JW (then an employee) entered into three options over gilts in 2002. The options were not taken up until 2012, after JW had left the business, and delivery of the gilts did not occur until 2016/17 because of valuation problems. HMRC issued a determination under regulation 80 of the PAYE Regulations requiring the company to account for PAYE. The company disputed that determination, advancing a number of lines of attack, one of which asked HMRC to exercise its discretion under section 684(7A) of the Income Tax (Earnings and Pensions) Act 2003. HMRC responded that it was not appropriate to decide whether to deploy that discretionary power at that juncture, as the ultimate liability had not yet been fixed. UBS sought judicial review of...
A tribunal on 16 May 2025 confirmed that the NCA’s belief that Mohammed Butt and Mahfooz Begum obtained their income through money laundering stands as correct, and it upheld an earlier court’s decision. The authority said it had sufficient proof drawn from the couple’s lifestyle choices set against their publicly declared earnings. Butt was detained in 2012 on suspicion of money laundering linked to an organised crime group, the ruling noted. He was not charged because there was insufficient evidence, the tribunal added. By contrast, two of his brothers, as well as his two sons, were prosecuted and found guilty of money laundering and drug trafficking offences, according to the judgment...
In this issue: Employment taxes VAT International Individuals and income tax Taxes management and litigation Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Employment taxes Appeal court rules that loans advanced through a remuneration trust were chargeable as disguised remuneration and that the linked costs were non-deductible (Marlborough DP Limited v HMRC). In Marlborough DP Ltd, the Court of Appeal dismissed the taxpayer’s case and upheld the Upper Tribunal (UT). It found that amounts lent to a director under a remuneration trust fell within the disguised remuneration regime in Part 7A of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003), as they were made in connection with employment. The Court further concluded that the associated payments were not allowable for corporation tax, since they were not incurred wholly and exclusively for the purposes of the company’s trade. See News Analysis: Court of Appeal...
Firms sometimes extend low-interest (or interest-free) borrowing to directors or staff as part of a remuneration package, or on particular occasions, to assist the individual with major financial outlays. As with any other form of employment reward, where a loan is made by a third party rather than by the employer, the disguised remuneration rules in Part 7A of Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003) must be considered first, since those provisions take precedence over most mechanisms for charging employment income to tax (including the benefits code). For further information, see: Disguised remuneration and EBTs—overview and, also, regarding the loan charge within the disguised remuneration rules, refer to Practice Note: Disguised remuneration—history of the loan charge. If no third party is involved (eg where the employer itself advances the loan), or an exemption from the disguised remuneration regime applies, the provisions in the benefits code for employment-related loans outlined below may instead govern the position for the particular loan in question...
Introduction and context This Practice Note provides a summary of the taxation of internationally mobile employees in relation to securities options (Options) charged to tax within Chapter 5 of Part 7 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003). On 30 October 2024, as part of the Autumn Budget 2024 announcements, the Labour government confirmed that it would proceed with the former Conservative government’s plans to abolish the remittance basis of taxation and replace it with a residence‑based regime, scheduled to commence on 6 April 2025. These changes were enacted through Finance Act 2025 (FA 2025) and have also affected, in particular, the availability and operation of overseas workday relief. This Practice Note reflects the current position under the new tax regime; however, the previous regime is still relevant for Options granted before 6 April 2025, because any elements of the Options’ ‘relevant period’ (see discussion below—broadly, the vesting period) that occur before 6 April 2025 remain subject to certain aspects of the earlier rules. For...
STOP PRESS: Abolition of non-dom regime and remittance basis of taxation from 2025–26 The Finance Act 2025 has scrapped the remittance basis and, from 6 April 2025, substitutes a residence-based system. The reforms bring in a new Foreign Income and Gains (FIG) regime and revise the rules for overseas workday relief. For detailed guidance on these updates, refer to Practice Note: The abolition of the remittance basis of taxation from 2025–26. The UK operates a comprehensive framework for taxing employment income. This Practice Note explains the core income tax principles for employment income and the way they attach to earnings. Keep in mind that any form of remuneration connected to an individual’s employment can give rise to income tax and National Insurance contributions (NICs) liabilities (for NICs, potentially affecting both employer and employee), together with possible apprenticeship levy costs for the employer. In addition, intricate provisions govern the withholding and collection of income tax on employment income and employee NICs under the Pay As You Earn (PAYE) system. These...
[ IN THE COUNTY COURT AT [ INSERT ] OR IN THE HIGH COURT OF JUSTICE ] [ [ SPECIFY DIVISION ] ] [ [ SPECIFY SPECIALIST COURT ] ] [ [ INSERT LOCATION ] DISTRICT REGISTRY ] Claim No: Between [ A B ] Claimant and [ X Y ] Defendant ______________________________________________ COUNTER SCHEDULE OF LOSS ______________________________________________ The Defendant retains the right to vary, revise or supplement this Counter Schedule of Loss at any time up to and including the trial. PAST LOSSES 1 Previous loss of earnings (i) Loss of earnings to [ insert date eg 26 February 2019 ] are accepted in the pleaded claim at £[ insert amount ]. (ii)–(iii) Loss for the period [ insert date eg 26 February 2019 ] to [ insert date eg 25 August 2019 ] is not admitted. As a matter of principle, the Defendant accepts that it may take time to secure work of equivalent remuneration. However, the Claimant’s evidence does...
[ insert name of company ] Trust deed [ insert name of company ] Share Incentive Plan This Deed is dated and entered into BETWEEN [ INSERT NAME OF COMPANY ], a company registered in England and Wales under number [ insert company number ] (the Company), whose registered office is at [ insert address of company ]; [ INSERT NAME OF TRUSTEE ], a company registered in England and Wales under number [ insert company number ] whose registered office is [ insert address of trustee ] (the Trustee). Whereas: The Company intends to establish a share incentive plan titled the [ insert name of company ] Share Incentive Plan (the Plan), which meets the requirements of Schedule 2 to the Income Tax (Earnings and Pensions) Act 2003. The creation of the Plan was authorised by a resolution of the Board passed on [ insert date on which the board resolution was passed ]. The...
1 Introduction The Company recognises that any employee called for jury service has a legal obligation to serve, and the Company, as the employer, is legally required to permit time off for this. You are expected to co-operate with the Company to ensure that undertaking jury service does not detrimentally affect the Company, its business, or its staff. This policy also applies to other circumstances where your presence at court is required. 2 Jury service Upon receiving a summons for jury service you must: inform the Company as soon as the summons is received; notify the Company of: the date you are required to attend; where known, the expected duration of the jury service; and the court at which you are required to report; provide a copy of: ...
Automatic enrolment does not apply to workers under age 22. Individuals younger than 22 fall outside automatic enrolment. However, anyone aged 16 to 21 with qualifying earnings of £6,032 or above in the 2018–19 tax year may choose to join their employer’s automatic enrolment arrangement and receive employer pension contributions. For the purposes of limb (a) in section 230(3) of the Employment Rights Act 1996 (ERA 1996), a worker is an individual who has entered into, or works or worked under, a contract of employment. Under ERA 1996, section 230(2), a contract of employment means a contract of service or apprenticeship. An apprenticeship agreement meeting the requirements of the Apprenticeships, Skills, Children and Learning Act 2009 is treated as a contract of service, not a contract of apprenticeship. See Practice Notes: Employee status and Apprenticeships...
Termination payments qualifying for £30,000 exemption As set out in Practice Note: Termination payments qualifying for £30,000 exemption, where a compensation payment for loss of office or employment is made in circumstances where it does not fall to be taxed as: earnings within section 62 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA 2003) (see Practice Note: Termination payments taxed as earnings) benefits-in-kind (see Practice Note: How employment income is taxed—non-cash earnings or benefits) benefits from an employer-financed retirement benefits scheme employment-related securities (see: Employment-related securities—overview) disguised remuneration, where termination payments or benefits are provided by a third party (such as an employee benefit trust) rather than the employer (see: Disguised remuneration and EBTs—overview) restrictive undertakings (see Practice Note: Taxation of payments for restrictive covenants or undertakings) and for terminations for loss of office since 6 April 2018...
The appropriate section of the HMRC annual return to complete hinges on whether the relevant share appreciation right (SAR) or restricted stock unit (RSU) constitutes a securities option for the purposes of s 420(8) of the Income Tax (Earnings and Pensions) Act 2003. In both scenarios, the award counts as a securities option if it grants a legal entitlement to obtain shares, and this, in turn, is determined in practice by the precise terms of the award concerning the method by which settlement may actually occur...