Are you in the process of being made redundant or negotiating a final settlement payment? If so, you need to be aware of proposed changes in the way your payment may be taxed, so please read on.
Under the current rules, if a final payment is made when you leave your employment, a basic rate tax code is applied to account for the tax on it. Any additional tax is collected under self assessment and is payable by the end of January, 10 months after the end of the tax year in which the payment is made. This gives employees a cash flow advantage.
In December 2010, it was announced that this procedure is under review, and in future such payments could be taxed using a tax code OT.
To show the effect of this:-
Joe Blogs earns £48,000 salary and has just negogiated his final taxable termination payment of £25,000. He does not have alternative employment to go to and is planning on taking some time off before looking.
If he leaves before the 5 April 2011, the additional £25,000 will be taxed at 20%, however, due to his other income in the current tax year; there will be a further 20% tax due 31 January 2012.
As he does not plan to have much in the way of further earnings in the tax year to 5th April 2012, he has been advised to try and delay his leaving date to the 7th April 2011. Under the current rules, if he did this, he would pay the 20% tax at source (£3500 with personal allowances) and any additional tax would be paid 31st January 2013.
However, under the proposal, Joe’s redundancy payment will be taxed using an OT tax code. This new code requires the employer to tax the redundancy payment, on the basis that no personal allowance is available, at 20%, 40% or 50%.
If the OT code is to be operated on a monthly basis, any redundancy payment over £12500 is subject to tax at 50% (£150,000 / 12 = £12,500), so if his £25,000 redundancy payment is made after the 5th April 2011, he will have £10,666.67 of tax taken at source.
If Joe does not have any other earnings in this tax year, his tax bill should only be about £3,500, therefore he will have overpaid and will need to claim a refund, potentially putting him in a difficult cash flow position at a time when he potentially needs funds most. Interestingly, this new system will provide a very positive cash flow position for HMRC!
Guidance being offered at the moment does not confirm when a refund can be obtained if the position of this example arises. We should know more in February. If this could apply to you we recommend that you seek some professional advice on this matter now.
Emma Thomas ACA FCCA CTA