FAQs about employment tax
What is employment tax?
Employment tax covers the taxes and reporting obligations that apply to paying and employing people, including PAYE, Class 1 and Class 1A national insurance contributions and the tax treatment of benefits in kind and expenses. It also covers areas like termination payments, where specific rules determine how much of a payment can be made tax-free. It’s crucial to get employment tax right as HMRC can challenge incorrect treatment, which could lead to unexpected liabilities for your business.
What are employer responsibilities?
From a tax perspective, employers are responsible for operating PAYE correctly, deducting the right tax and national insurance from employees’ pay, reporting benefits and expenses (via P11D or a PSA), and complying with national minimum wage rules.
Depending on your circumstances, this can extend to CIS deductions for construction subcontractors, correctly assessing contractor status under IR35, and managing tax obligations for employees working overseas. If you make any mistakes, you run the risk of HMRC penalties, interest and additional compliance costs.
What is IR35?
IR35 is UK tax legislation designed to identify contractors who are working like employees but supplying their services through an intermediary such as a personal service company (PSC), often to reduce tax and national insurance. Where IR35 applies, the contractor is taxed broadly as an employee for that engagement.
Since April 2021, medium and large private-sector businesses (not the contractor) are usually responsible for determining a contractor’s employment status, which makes it a compliance risk for engagers as well as contractors.
Do I need to register for CIS?
If you’re a contractor paying subcontractors for construction work, you must register for the construction industry scheme (CIS) with HMRC before making any payments. This applies even if construction isn’t your main trade, as long as your spend on construction operations exceeds certain thresholds.
Subcontractors don’t have to register, but if they don’t, contractors must deduct tax at a higher rate (30% rather than 20%) from their payments. So, registration is usually in a subcontractor’s interest too.
What counts as global mobility tax?
Global mobility tax covers the tax and social security implications of employees working across borders. That could be UK staff being sent to work overseas, or overseas workers coming to the UK. It normally includes questions like:
- Where the employee should be taxed
- Whether they remain liable to UK national insurance or an overseas equivalent
- Any double taxation relief available
- Payroll obligations in each country involved
If you get this wrong, it can create liabilities in more than one jurisdiction at once, for both the employer and the employee.
When does mandatory payrolling of benefits in kind start?
Mandatory payrolling of benefits in kind comes into force from April 2027. Businesses that haven’t started preparing their systems and processes are likely to find the transition harder than those who get ahead of it early.