NATIONAL INSURANCE CLASSES OF NATIONAL INSURANCE CONTRIBUTIONS Class of contribution Basis of assessment Person Liable Class 1 Employee A percentage based contribution levied on employee earnings in excess of employee threshold for the tax year 2020-21 of 9500 Employee Class 1 employer’s A percentage based contribution levied on employee earnings in excess of employer’s threshold for the tax year 2020-21 of 8788 Employer Class 1A A percentage based contribution levied on taxable employment benefits provided to employees Employer Class 2 A flat rate weekly contribution Self employed Class 4 A percentage based contribution levied on tax adjusted trading profits in excess of the lower profits threshold 9500 for the tax year 2020-2021 Self Employed ILLUSTRATION 1 Catalina has been self-employed for many years. She employs a full-time salesman and six part-time employees. Catalina' tax adjusted trading profits for the tax year 2020/21 are £86,000. The salesman earns a salary of £14,000 p.a. and is provided with a company car. The remaining members of staff earn £3,000 p.a. Explain which classes of NICs are payable by Catalina. Catalina will pay: Flat rate class 2 contributions in respect of her self-employed business . Class 4 contributions in respect of her self-employed business based on her tax adjusted trading profits as they are in excess of £9,500 Employer's class 1 contributions as Catalina is an employer. The contributions are based on the salesman's salary of £14,000 as his earnings are in excess of £8,788. Class 1A contributions based on the assessable employment benefit arising from the provision of a company car to the salesman. Notes: (1) No NICs are payable in respect of the remaining six part-time staff members as they each earn less than £8,788 p.a. (2) The salesman is liable to pay employee class 1 contributions based on his salary of £14,000. NIC’S PAYABLE IN RESPECT OF EMPLOYEES The following NICs are payable in respect of employees: Class 1 employee contributions Class 1 employer's contributions Class 1A contributions. CLASS 1 EMPLOYEE AND EMPLOYER'S NICS Both the class 1 contribution paid by the employee and the class 1 contribution paid by the employer are a percentage based contribution levied on the 'gross earnings' of the employee in excess of the earnings threshold. The earnings threshold for the tax year 2020/21 is £9,500 for employees and £8,788 for employers. Earnings' for the purpose of class 1 NICs consists of: any remuneration derived from the employment, which is paid in cash or assets which are readily convertible into cash Gross earnings include: wages, salary, overtime pay, commission or bonuses sick pay, including statutory sick pay tips and gratuities paid or allocated by the employer ,reimbursement of the cost of travel between home and work ,vouchers (exchangeable for cash or non-cash items, such as goods). Gross earnings do not include: exempt employment benefits (e.g. employer contributions into a pension scheme, a mobile phone, etc.) mileage allowance expenses paid for or reimbursed by the employer for which an income tax deduction would be available e.g. employment related travel and subsistence costs. ILLUSTRATION 2 Lia and Ariel are employed by Garden Gnomes Ltd and both pay into the company's occupational pension scheme. Their remuneration for the tax year 2020/21 is as follows. Calculate Lia and Ariel's gross earnings for class 1 NIC purposes. LIA ARIEL Salary 30000 55000 Bonus 0 4000 Car benefit 0 3950 Employer’s pension contributions 2300 4575 Employee’s pension contribution 1650 3800 SOLUTION Lia Ariel Salary 30000 55000 Bonus 0 4000 Gross earnings 30000 59000 The employer's pension contributions are excluded as they are an exempt benefit. The employee's pension contributions are ignored as these are not deductible in calculating earnings for NIC purposes. CLASS 1 EMPLOYEE CONTRIBUTIONS Note that class 1 employee contributions: are not an allowable deduction for the purposes of calculating the individual employee's personal income tax liability Do not represent a cost to the business of the employer, as they are ultimately paid by the employee. Therefore, they are not a deductible expense when calculating the employer's tax adjusted trading profits The employee contributions payable are calculated as: 12% on gross earnings between £9,500 and £50,000 2% on gross earnings in excess of £50,000 CLASS 1 EMPLOYER'S CONTRIBUTIONS Employer's contributions are an additional cost of employment and are a deductible expense when calculating the employer's tax adjusted trading profits. Employer's contributions are calculated as: 13.8% on all gross earnings above £8,788 ILLUSTRATION 3 Millie is employed by Blue Forge Ltd and is paid an annual salary of £49,000. Millie is also provided with the following taxable benefits Company Car 5000 Vouchers for the local gym 2000 Calculate Millie's and Blue Forge Ltd's class 1 NIC liability due for the tax year 2020/21. Class 1 NICs are due on annual earnings of £51,000 (salary £49,000 and vouchers £2,000). The company car is a non-cash benefit and is therefore not subject to class 1 NICs. Millie ‘s class 1 employee’s NIC 50000-9500 * 12%= 4860 51000-50000*2%= 20 4880 Blue forge Ltd’s class 1 employer ‘s contribution= 51000-8788* 13.8%= 5826 PAYMENT OF CLASS 1 CONTRIBUTIONS The administration and payment of class 1 NICs is carried out by the employer as follows: The employer is responsible for calculating the amount of class 1 employee and employer's contributions at each pay date Employee contributions are deducted from the employee's wages or salary by the employer and paid to HMRC on the employee's behalf The total employee and employer's contributions are payable by the employer to HMRC, along with income tax deducted from the employees under PAYE NIC EMPLOYMENT ALLOWANCE Employers are able to claim up to £4,000 relief p.a. from their class 1 employer's NIC payments. Note that the allowance cannot be used against any other classes of NICs (e.g. class 1A) is not available to companies where a director is the sole employee is only available to employers with total class 1 employer's contributions <100000 in the previous year. CLASS 1A NICS Employers are required to pay class 1A contributions on taxable benefits provided to employees. No class 1A contributions are payable in respect of: exempt benefits (i.e. those benefits which are exempt from income tax . benefits already treated as earnings and assessed to class 1 NICs, such as remuneration received in the form of non-cash vouchers . The contributions are calculated as: 13.8% on the value of the taxable benefits. Class 1A contributions are an additional cost of employment and are a deductible expense when calculating the employer's tax adjusted trading profits. ILLUSTRATION 4 Simon is employed by Dutton Ltd at an annual salary of £53,000. He was provided with a company car throughout the tax year 2020/21 that had a list price of £15,000. The car has CO2 emissions of 133g/km. Petrol for both business and private mileage is provided by his employer Calculate the employee's and the employer's class 1 and class 1A NIC liabilities due for the tax year 2020/21 in respect of Simon. Ignore the employment allowance Class I NICs Employee Class 1 NIC ( 50000-9500)* 12%= 4860 (53000-51000)*2%=60 Total =4920 Employer s class 1NIC (53000-8788)*13.8%=6101 Class 1A NICs Company Motor Car 14% +(130-50)/5=29%* 15000= 4350 Private fuel= 29%*24500= 7105 Taxable benefits = 11455 Employer’s class 1a NIC 11455*13.8%=1581 ILLUSTRATION 5 Blessing is paid £25,000 per year and had taxable benefits for the tax year 2020/21 of: Company Motor car 5250 Private fuel provided by company 4200 Beneficial Loan 2600 Vouchers to be used at local departmental store 250 The company also provided blessings with a mobile phone, which cost 135. Contributions into her personal pension scheme were on following Employer’s contribution 2540 Employee contribution 1380 Calculate the employee's and the employer's class 1 and class 1A NIC liabilities for the tax year 2020/21 in respect of Blessing. Ignore the employment allowance. NICS PAYABLE IN RESPECT OF SELF-EMPLOYED INDIVIDUALS The following NICs are payable by self-employed individuals: Class 2 contributions Class 4 contributions. Class 2 contributions Contributions are payable if the tax adjusted trading profits of the business for the tax year exceed the small profits threshold of £6,475 Class 2 contributions are a flat rate payment of £3.05 per week. The maximum total class 2 NICs payable for the tax year 2020/21 is therefore £159 (£3.05 × 52 weeks). CLASS 4 CONTRIBUTIONS In addition to class 2 NICs, a self-employed individual may also be liable to class 4 NICs. Class 4 NICs are a percentage based contribution levied on the 'profits' of the individual in excess of £9,500 for the tax year 2020/21 The contributions payable are calculated as: 9% on profits between £9,500 and £50,000. 2% on profits in excess of £50,000 ILLUSTRATION 6 James has been trading as a self-employed painter and decorator since 2001. His tax adjusted trading profits for the tax year 2020/21 are £62,000 and he has trading losses brought forward of £10,000 His wife, Poppy, is a part-time mobile hairdresser. Her tax adjusted trading profits for the tax year 2020/21 are £10,560. Calculate the class 4 NICs payable by James and Poppy for the tax year 2020/21 James James Tax adjusted trading profits 62000 Less: trading losses brought forward (10000) Profit 52000 Class 4 NIC (50000-9500)*9% 3645 (52000-50000)*2% 40 3685 Poppy (10560-9500)*9% 95 ILLUSTRATION 7 Diane has been a self-employed computer consultant for many years. Her tax adjusted trading profits for the tax year 2020/21 are £52,500. Diane employs one employee, a full-time personal assistant, at a salary of £38,300 p.a. She also provides the assistant with a diesel-engine company car, which has a list price of £13,500 and CO2 emissions of 114g/km. Diane pays for the assistant's private and business fuel. Diane's class 1 employer's liability was £3680 in the previous tax year. Calculate the total NICs that Diane must account for to HMRC in respect of the tax year 2020/21. DIANE Flat rate class 2 contributions in respect of the business. Class 2 NIC = 3.05*52= 159 Class 4 contributions in respect of the business based on tax adjusted trading profits as they are in excess of £9,500. Class 4 NIC (50000-9500)*9%=3645 ( 52500-50000)*2%=50 3695 Class 1 Employer’s contribution (38300-8788)*13.8%=4073- 4000 = 73 Class 1A contributions based on the benefit arising from the provision of a company car to the personal assistant. Diesel car 18%+ (110-50)/5= 29%*13500 = 3915 Private fuel 29%*24500 = 7105 Taxable benefit Employer’s Class 1A NIC 11020 *13.8%= 1521 11020