Enews - February 2007

Introduction

February has been busy as this month’s articles testify. Please do get in touch if you would like any further guidance on the issues covered.

At last, the government has announced the date of this year’s Budget which is expected to be Chancellor Gordon Brown’s last. It will be on Wednesday 21 March at 12.30pm. We will of course keep you informed of any important changes announced.

Enews quicklinks

Advisory fuel rates for company cars

Apprenticeships pay off

Use of computers

Holiday camp workers win NMW

Managing absence

Increased maternity pay

VAT fuel scale charges

Implementation of the Charities Act 2006

Cash accounting limit raised

Advisory fuel rates for company cars

HMRC have announced new rates for journeys on or after 1 February 2007.

Engine Size
Petrol
Diesel
LPG
1400cc or less
9p (11p)
9p (10p)
6p (7p)
1401cc to 2000cc
11p (13p)
9p (10p)
7p (8p)
Over 2000cc
16p (18p)
12p (14p)
10p (11p)


As the announcement was made towards the end of January HMRC have advised that where employers have practical difficulties implementing the new lower rates they can continue to use the older higher rates for a further month, up until 28 February 2007.  This means that they won’t have to take account of the income tax, NIC and VAT implications of paying allowances at the higher rate. This delay is intended to allow time for drivers and employers to adjust to the new rate.

The rates apply to the reimbursement of business fuel to company car drivers but may also impact on the amount of VAT that can be reclaimed on employee car mileage.  Please do get in touch if you need any help in implementing the new rates.

Internet Link: HMRC Advisory fuel rates


Use of computers

Before 6 April 2006 the first £500 of the benefit in kind charge arising on the private use of employer provided computer equipment was exempt from tax. As the ‘annual value’ benefit in kind on the use of an asset is calculated as 20% of the market value of the asset when first used to provide the benefit, this exemption generally covered any potential benefit in kind.

The exemption was removed from 6 April 2006 and a computer provided after that date is therefore potentially chargeable to benefits in kind using the annual value calculation. However, tax legislation exempts any benefit if there is no 'significant private use'.

HMRC have recently revised the Employment Income Manual to give guidance on 'not significant'. An extract from the guidance states that:

'…where
  • the employer's policy about private use is clearly stated to the employees and sets out the circumstances in which private use may be made; and
  • any decision of the employer not to recover the costs of private use is a commercial decision, for example based on the impractical nature of doing so, rather than a desire to reward the employee, ‘
then HMRC should accept that the test is met.

This extract makes is clear that businesses need a written to policy to avoid the possibility of a benefit arising. Please do get in touch if you need any help in drafting a policy.

Internet Link: HMRC manual


Managing absence

Sickness absence costs businesses a small fortune.  The CBI statistics for 2005 suggest the costs are in the region of £495 a year in direct costs for every worker employed. Indirect costs are probably considerably more.

To help employers manage absence HMRC have provided links on their website to the Health and Safety Executive’s free guidance and toolkit for small and medium sized businesses to enable them to set up policies and procedures to monitor and manage absence.

To read the advice and download the ‘toolkit’ visit the links below.



VAT fuel scale charges

HMRC have produced some of the tables but not the final VAT fuel scale charges which are due to come into effect on 1 May 2007. Businesses will have to use the new scale charges from the start of their first accounting period beginning on or after this date. HMRC are announcing the change early to allow businesses time to familiarise themselves with the new charging structure and make any necessary IT system changes.

The existing system, which is based on the engine size and fuel type of a car, will be replaced by a VAT fuel scale charge based solely on the CO2 emissions of the car. The new table, which mirrors that used for benefit in kind purposes, will have 21 bands with 5g/km of CO2 increments. HMRC have published an outline of the table but have not as yet put any amounts in the table which will be finalised following Budget 2007.

HMRC state that this change is not intended as a revenue raising measure and that the change to a CO2 based system should be revenue neutral overall.

We have also included a link which will enable you to check the CO2 emissions of most cars.

Internet Links: HMRC Brief and CO2 emissions data


Cash accounting limit raised

HMRC have announced that the threshold for the Cash Accounting Scheme will be more than doubled from £660,000 to £1,350,000 from 1 April 2007.

The Cash Accounting Scheme allows eligible businesses to defer paying their VAT over until they have received payment from their customers instead of accounting for and paying VAT when they issue and receive invoices.

John Healey MP, Financial Secretary to the Treasury, said:

"Doubling the threshold of the Cash Accounting Scheme will allow more than 50,000 businesses to significantly improve their cashflow. We know that small businesses are the engine for the UK's economy, so it is only right that we look to improve the climate for them."

Please get in touch if you would like to know more about the Cash Accounting Scheme.

Internet Link: Press release


Apprenticeships pay off

Research has revealed that young people taking part in Government funded apprenticeships will enjoy significantly higher wages over their lifetime than they would have done without their training.

According to a study commissioned by the Department for Education and Skills the value of an apprenticeship is estimated to be significantly above that of other vocational qualifications.

Skills Minister Phil Hope said:

"This report shows the real value for young people of undertaking an apprenticeship. It confirms that it pays to be an apprentice. Many people think that apprenticeships are a thing of the past. In fact nothing could be further from the truth. The programme is going from strength to strength, and the status and quality of the programme is rising all the time.

We want more employers to offer new schemes. We have accepted Lord Leitch's recommendation to have 400,000 apprentices in learning in England by 2020. Today's evidence shows the Government is right to invest almost £1bn per year in this programme.”

Apprenticeships are available in over 180 occupations and sectors from IT to engineering to retail. In England until 2004 the programme was termed a Modern Apprenticeship when reformed apprenticeships were launched by the Chancellor. The numbers in training have trebled since 1997 to a record of a quarter of a million today. 

Internet Link: Press release


Holiday camp workers win NMW

Former workers at Haven and Butlins holiday camps are due to receive an estimated one million in back pay after the Court of Appeal found that they were paid less than the National Minimum Wage (NMW).

The underpayments arose as Leisure Employment Services, which own Butlins and Haven holidays, made deductions of £6 per fortnight from the wages of live-in staff to cover utility bills. The deductions took their pay below the NMW. The Court of Appeal decision overturned an earlier ruling that the practice was acceptable.

Denise Gaston, National Minimum Wage Business Manager for HMRC, said

"It reinforces the fact that deductions for things like heating and lighting must not take workers' pay below their legal entitlement. Where we suspect employers are paying less than the minimum wage we investigate and, where necessary, pursue cases to tribunal."

A spokesman for Butlins and Haven said the companies will now trace all the 'live-in' workers who were employed during the 2004 and 2005 holiday seasons to offer them full recompense.

The current rates for the NMW are £5.35 for workers aged 22 and over, £4.45 for 18-21 year olds, and £3.30 per hour for 16-17 year olds.

Internet Link: CIPD article


Increased maternity pay

HMRC have updated their guidance on Statutory Maternity Pay (SMP) due to women whose babies are due on or after 1 April 2007. The important date is when the baby is due not when the baby is born. The changes are significant and include:
  • an increase in the maximum number of weeks SMP payable from 26 to 39. There is no change to the number of weeks paid at the earnings related rate being the first six weeks.
  • introducing keeping in touch days (KIT). Women can do some work during their SMP payment period and can be paid for the work done without losing entitlement to SMP.
  • increasing the notice period for women wishing to change their return to work date from 28 days to 8 weeks.
  • increasing the leave entitlement for all pregnant women to 52 weeks regardless of the length of service.
Please get in touch if we can give you further advice on these or other payroll issues.

Internet Link: Employers Bulletin 25


Implementation of the Charities Act 2006

The Government has issued the first commencement order which brings into force a number of the Act's provisions with an effective date of 27 February 2007. Details of exactly what becomes effective were summarised by the Office of the Third Sector in an implementation plan which can be reached using the link below.

Please do get in touch if you would like further guidance on the changes.