Guidance

June 2023 issue of the Employer Bulletin

Published 14 June 2023

Introduction

In this month’s edition of the Employer Bulletin there are important updates and information on:

PAYE

Tax updates and changes to guidance

General information and customer support

HMRC’s support for customers who need extra help

HMRC’s principles of support for customers who need extra help set out our commitment to support customers according to their needs and underpin the HMRC Charter.

Find out how to get help and the extra support available.

PAYE

Paying employers’ PAYE

To make sure a payment is allocated to the correct month or liability you intended to pay, remember to include your 13-character accounts office reference number as the payment reference.

You can find this:

  • in your HMRC online account

  • on the letter HMRC sent you when you registered as an employer (or sent to your accountant or tax adviser if they registered on your behalf)

  • in the front of your payment booklet if you have one

Each time you make an early or late payment you also need to add 4 extra numbers to the end of your 13-character accounts office reference number. If you pay monthly, the 4 digits which you need to add to the end of your 13-character reference number are:

  • the last 2 numbers of the tax year your payment is for

  • the number of the month or quarter of the tax year your payment is for

For example, if you are making a payment for the month of 6 May 2023 to 5 June 2023, the 4 numbers you need to add to the end of your accounts office reference number are 2402. This is worked out as follows:

  • the tax year you are paying for ends in 2024 = 24

  • the month you are paying for (6 May 2023 to 5 June 2023) is the second month of the 2023 to 2024 tax year = 02

If you are making a payment for the quarter covering 6 April 2023 to 5 July 2023, the 4 numbers you need to add the end of your accounts office reference number are 2403. This is worked out as follows:

  • the tax year you are paying for ends in 2024 = 24

  • the quarter you are paying for (6 April 2023 to 5 July 2023) ends on the third month of the 2023 to 2024 tax year = 03

If you pay annually, the 4 numbers you need to add to the end of your 13-character accounts office reference number are:

  • the last 2 numbers of the tax year your payment is for

  • the month of the tax year you paid your employees

If you pay through the online tax service, it will work out the numbers for you.

Reporting of expenses and benefits — correct recording of diesel company cars

From 2019 to 2020 the P11D Working Sheet 2 for car and car fuel benefit explains that diesel cars which meet Euro 6d standard should be recorded as Car Type F in the appropriate box of the form P11D.

HMRC provided clarification on this in the June 2022 edition of the Employer Bulletin. However, some cars that don’t meet Real Driving Emissions (RDE) 2 and, therefore Euro 6d standard, continue to be incorrectly recorded as Type F.

To qualify for the waiver of the 4% diesel supplement the car must meet RDE 2 standards.

If car Type F instead of D is used for cars that do not meet this standard, then the 4% surcharge on Benefit in Kind will not be applied. This will result in an underpayment of tax and Class 1A National Insurance.

You will need to check the RDE for any cars you are reporting as Type F. These should have an RDE of 2 recorded on the vehicle log book (V5C) or you can also check by visiting the DVLA vehicle information page. If they do not meet the criteria, they should be recorded as Type D.

All new cars sold from January 2021 should meet RDE 2 standards, so any cars registered after 1 March 2021 do not need to be checked.

Read more information about car benefit calculations in the Employment Income Manual.

P11D and P11D(b) filing and payment deadlines

In the April 2023 edition of the Employer Bulletin, we included detailed information on the submission of P11D and P11D(b) returns to HMRC from 6 April 2023.

HMRC has changed legislation to mandate the submission of P11D and P11D(b) returns online. Legislation has also changed to mandate the submission of any amended returns using a new electronic form that can be accessed through the expenses and benefits for employers page.

We will no longer accept paper P11D and P11D(b) forms, this includes lists. The paper form will be rejected on the basis that it has not be submitted to HMRC in the correct way. The employer or agent will be notified of the rejection and directed to the correct process.

You will need to tell us about any Class 1A National Insurance contributions that you owe for the tax year ending 5 April 2023 by 6 July 2023 at the latest. You will also need to file any P11D returns on or before 6 July 2023, failure to do so may result in a penalty. Any Class 1A National Insurance you owe must reach us on or before 22 July 2023.

Watch the webinar about submitting your P11D and P11D(b) online.

Find out more about how to complete P11D and P11D(b).

Use the right payment reference when paying Class 1A National Insurance contributions

Make sure your payment is correctly allocated by providing the correct payment reference.

Use your 13-character accounts office reference number, followed by 2313. The reference number should have no spaces between the characters.

Adding 2313 is important because 23 tells us the payment is for the tax year ended 5 April 2023, and 13 lets us know the payment is for Class 1A National Insurance contributions.

More information is available about how to pay employers’ Class 1A National Insurance.

How to submit P11D and P11D(b)

You will need to use one of the following quick and easy online methods:

You must submit all your P11D and P11D(b) forms together in one online submission.

Read more information on expenses and benefits for employers.

What to file

If you paid any benefits or non-exempt expenses, or if you payrolled any benefits, you need to file a P11D(b). Include the total benefits liable to Class 1A National Insurance contributions, even if you taxed some or all of them through your employees’ pay.

The P11D(b) is used to report any employer’s Class 1A National Insurance contributions liability.

You will need to submit a P11D for each employee in receipt of benefits or non-exempt expenses, unless you registered with us online before 6 April 2022 to tax them through your payroll.

If you did not register online but then went on to tax some or all benefits through your payroll, you must still submit a P11D online for all benefits that were not payrolled.

If you have not already registered online to payroll your company benefits, you may wish to do so now ahead of the 2024 to 2025 tax year. It will mean you no longer need to submit P11Ds if you can payroll all your benefits.

Since 6 April 2023 HMRC no longer accepts informal payrolling of benefits.

What to do if you did not pay any expenses or benefits

You only need to tell us that you do not need to make a return if we sent you an electronic notice to file a P11D(b) or a reminder to file a P11D(b) letter. You can declare no return of Class 1A National Insurance contributions to HMRC.

How to file P11D and P11D(b) correctly

Some common mistakes to avoid:

  • do not put ‘6 April 2022’ in the start date or ‘5 April 2023’ in the end date for your company cars, unless they are genuinely the dates your employee received or returned a company car

  • your submissions of P11D and P11D(b) must be made together, you are unable to submit over several days and should only submit once you have completed all P11Ds and P11D(b)

  • when reporting a fully electric car, make sure you have included the approved CO2 emissions figure

  • when reporting a hybrid car with an approved CO2 emissions figure between 1 to 50, make sure you have included the approved zero emissions mileage

  • only send one P11D(b) for each scheme, showing the total amount due, do not send a separate one for employees and directors, as we treat each separate P11D(b) as an amendment to any we have previously received

  • check P11D(b) to see if you need to use the ‘adjustments’ section

Issue with company car tax calculator April 2023

We had an issue with how the calculator was working out fuel benefit for 2023 to 2024. This issue was resolved as of 14 April 2023. If you used the calculator to work out fuel benefit between the 6 April 2023 and 14 April 2023 you may need to check your calculations are correct. The fuel calculation for 2023 to 2024 can be found at calculate tax on employees’ company cars.

National Minimum Wage

The National Living Wage and National Minimum Wage are the lowest rate of pay per hour that a worker must be paid by law. It does not matter how many workers you employ, you must pay the correct minimum wage.

You can find the current rates for 1 April 2023 to 31 March 2024 at National Minimum Wage and National Living Wage rates.

However, it is not just as simple as making sure the correct minimum wage rate has been paid. There are several ways in which underpayments can occur when minimum wage calculations are made. Common issues include unpaid working time, unpaid travelling time and deductions from pay for items or expenses connected with the job.

Find out more information on the common issues that can bring workers below the minimum wage.

Employing an intern or anyone on work experience

It is important to establish the nature of the relationship between the individual and the employer when deciding if the individual is a worker or not for minimum wage purposes.

Entitlement to the minimum wage does not depend on how someone’s role is defined by their employer.

Interns

Internships are sometimes understood to be positions requiring a higher level of qualification than other forms of work experience and are associated with gaining experience for a professional career.

Although the term intern is not defined in minimum wage legislation, if any payment or remuneration is made for work done, an intern is likely to be regarded as a worker for minimum wage purposes. An intern may also be considered as a worker if they are promised a contract of future work or future pay.

Work experience

The term work experience generally refers to a specified period that a person spends with a business, providing them with an opportunity to learn directly about working life and the working environment.

More information is available on GOV.UK:

Watch the webinars on various topics such as elements of pay, working time and apprentices.

PAYE Settlement Agreement (PSA) deadline and digital services

The deadline for applying for a PAYE Settlement Agreement (PSA) is on or before 5 July 2023. You can use our new quick and easy online service to apply. Read more about how to apply online or how to tell us about the value of items included in a PSA.

What you need to know about PSAs:

  • the deadline of 5 July follows the first tax year it applies to, for example, for the tax year 2022 to 2023, you will have until 5 July 2023 to apply for your PSA

  • if you have an agreement in place, you must send a calculation, even if it is a nil return

  • you must pay any tax and National Insurance owed by 22 October after the tax year the PSA applies to (19 October if you pay by post)

  • you should only report benefits or expenses included in the PSA

  • you must include all employees who have received the benefits or expenses including any employees that earn below the personal tax allowance

If you are sending a form by post, check you are using the correct form. Employees living in Scotland or Wales may be subject to different rates of Income Tax.

Update on employer Direct Debits

We want to remind employers who are setting up a recurring Direct Debit for paying employer PAYE that they need to do this at least 6 working days before the payment is due. For employers who pay monthly this falls on the 22nd of every month.

You can set this up when you log into your business tax account.

We have changed the system so that employers will not now receive a notification for late payment when they have paid by Direct Debit.

You might see late interest being charged if you log into your account between the 23rd and the date the payment is taken from your account, but this will be reversed once we have processed the payment.

If you have a tax agent, it is important to note that they are unable to set up a Direct Debit on your behalf. To do it yourself, you need to be enrolled for PAYE Online for employers.

Many employers whose agents send in real time information data on their behalf are not enrolled. Even if you have an agent acting and filing payroll on your behalf you can set up and use PAYE Online for employers yourself.

Easier access to online employer services

HMRC have launched an online service that will help employers answer their queries quicker.

If you call HMRC about a routine query that can be resolved simply through our digital services, you will now be sent a text message directing you online without the need to speak to an advisor.

Following a recent successful trial with HMRC customers we are expanding this service to employers.

If you, or your employees, need advice on any of the following topics, use our online services to:

HMRC will update GOV.UK with information on services that are using text message links to help reassure our customers that messages received are genuine. You can check if a text message you have received from HMRC is genuine.

Tax updates and changes to guidance

Payment increase to the apprenticeships care leavers’ bursary

The Department for Education (DfE) has announced that the bursary available to care leavers, aged 16 to 24, undertaking apprenticeships will increase from the current payment rate of £1,000 to £3,000. The bursary is available to individuals who have been in the care of a local authority anywhere in the UK, as long as the apprenticeship they enter into is based in England.

The increased rate will be available for new starters from 1 August 2023. This increase is intended to keep up with the rising costs of living and incentivise apprenticeship take up among young care leavers who are currently eligible for the bursary. It will be paid in instalments across the first year of their apprenticeship.

DfE recognises that care leavers face higher living costs than their peers as they live independently at a younger age and may not have a wider family network for support. The increased rate will help those in care and care leavers access and complete apprenticeships, providing them with a great route into sustainable employment. The payment will not affect the care leaver’s entitlement to claim tax credits.

Employers and training providers will continue to receive an additional £1,000 in funding for every apprentice who is a care leaver aged 16 to 24.

Find out more information on the apprenticeships care leavers’ bursary guidance.

The bursary is tax-free

In 2020, HMRC introduced an exemption to make sure that the bursary to care leavers who undertake an apprenticeship will not be subject to Income Tax and National Insurance contributions.

This is because young people leaving care can experience additional barriers to getting an apprenticeship, and the government wanted to support these individuals as much as possible. Therefore, they introduced the exemption to make sure those receiving this payment receive the full benefit of the bursary. This also makes sure the tax treatment of a bursary to care leavers who undertake an apprenticeship is the same as the tax treatment of a bursary to care leavers who enter higher education.

An amendment has been made to regulations to make sure the increased payment remains exempt from Income Tax and National Insurance contributions.

Further information can be found on Income Tax, National Insurance contributions — exemption for bursary payments to care leavers.

Employment status guidance for locum pharmacists to be withdrawn with effect from 30 June 2023

From 30 June 2023, we will be updating our Employment Status Manual to remove specific occupational guidance for locum pharmacists, see sections:

Updates to the Employment Status Manual and the availability of the Check Employment Status for Tax (CEST) tool have removed the need for much of our occupation specific guidance.

As set out in section ESM4270, a written document by itself cannot determine employment status. Therefore, if a pharmacy business has made an employment status determination based solely on the written contract, then they should immediately re-examine that determination based on the facts of the engagement using the CEST tool.

Employer enquiry helpline

If after consulting our guidance you still have questions about determining employment status, you can contact the HMRC employment status enquiry helpline.

Self Assessment threshold change

From tax year 2023 to 2024 onwards, the Self Assessment threshold for customers taxed through PAYE only, has changed from £100,000 to £150,000.

Affected customers do not need to do anything now as the Self Assessment threshold for 2022 to 2023 tax returns remains at £100,000. They will receive a Self Assessment exit letter if they submit a 2022 to 2023 return showing income between £100,000 and £150,000 taxed through PAYE, and they do not meet any of the other criteria for submitting a Self Assessment return.

For the 2023 to 2024 tax year onwards, customers will still need to submit a tax return if their income taxed through PAYE is below £150,000 but they meet one of the other criteria for submitting a Self Assessment return, such as:

  • receipt of any untaxed income

  • partner in a business partnership

  • liability to the High Income Child Benefit Charge

  • self-employed individual and with gross income of over £1,000

Customers can check if they need to send a Self Assessment tax return.

Employment related securities — end of year return deadline for employee share schemes

Gifts and awards of shares in companies, often known as employment related securities (ERS), are commonly used by employers to reward, retain or provide incentives to employees.

If you operate an ERS scheme you must file an end of year ERS return, including nil returns. You must do this for every scheme that is registered on the ERS online service against your PAYE scheme.

For 2022 to 2023 tax year, you must submit an end of year ERS return (on or before) 6 July 2023.

If you miss the deadline a £100 late filing penalty will be issued to the address of the associated PAYE account.

Additional automatic penalties of £300 will be charged if you have not submitted the return three months after the original deadline of 6 July 2023. A further £300 will be charged if it is still outstanding six months after this date.

The charge description for penalties relating to employee share schemes will refer to employment related securities.

If you appeal against an ERS late filing penalty, an end of year return must still be submitted to prevent further penalties.

Further information

To submit an end of year return you must have already registered your scheme on the ERS online service. If a scheme has been registered in error, or it is no longer operating, the scheme must be ceased online. This cannot be done by an agent, only the employer can cease the scheme online.

Once a scheme is ceased, an annual return must still be submitted for the tax year in which the final event date falls.

Electronic payment deadline falls on a weekend

In July 2023, the electronic payment deadline of the 22nd falls on a Saturday. To make sure your payment for that month reaches us on time, you need to have funds cleared into HMRC’s account on or before 21 July 2023, unless you are able to arrange a Faster Payment.

Remember that it is your responsibility to make sure your payments are made on time and if your payment is late, you may be charged a penalty.

Check your bank or building society’s single transaction daily value limits and cut-off times in advance of making your payment. Make sure you know when to initiate your payment, so it reaches HMRC on time.

Read more about paying PAYE electronically.

Preparing for the new tax year basis — Income Tax Self Assessment

The rules HMRC uses to calculate sole traders’ and partners’ profits for Income Tax in a Self Assessment return are changing for many businesses for tax year 2023 to 2024 onwards. This change may affect the return that taxpayers must submit on or before 31 January 2025 and subsequent returns. The Business Income Manual provides further information.

This change is not affected by the delay to the introduction of Making Tax Digital for Income Tax Self Assessment announced on 19 December 2022.

Only taxpayers with an accounting date other than 31 March or 5 April are affected by this reform.

Under the new rules, from April 2024, businesses will be taxed on profits for the tax year and not, as now, the profits for the accounting year ending in a tax year.

For 2024 to 2025 tax year and future years where accounting years are different from the tax year end, the taxable profits will be worked out by apportioning the profits for the 2 accounting periods that straddle the tax year.

The tax year 2023 to 2024 is a transition year in which self-employed businesses will move to the new way of calculating taxable profits for the tax year.

Businesses will need to declare the total profits from the end of the last accounting date in tax year 2022 to 2023 up to and including 5 April 2024. This means that profits generated over a longer period will be taxable in the transition year.

In tax year 2023 to 2024, businesses can use any overlap relief resulting from overlap profit when the business first started. By default, any remaining additional profit can be spread over 5 years.

As an example, if a business’s accounting date is 31 December 2023, they must declare profits from 1 January 2023 to 5 April 2024 (15 months rather than 12) in their tax return for the tax year 2023 to 2024, which is due on or before 31 January 2025.

The transition year 2023 to 2024 will present an opportunity for all businesses currently trading, regardless of accounting date, to use any overlap relief due.

From tax year 2023 to 2024 onwards, some businesses might have to use provisional figures on their returns. The government will relax guidance to give businesses the normal amendment time limits to submit their final figures if they have submitted provisional figures as part of their tax return.

Where a business’s accounting date is changed in tax year 2022 to 2023, the current change of accounting date rules will apply. Where a business decides to change its accounting date from tax year 2023 to 2024 onwards, these rules will not apply, and a change can be made regardless of past changes.

For businesses changing accounting date in the 2021 to 2022 tax year, HMRC will be able to provide details of overlap relief figures or historic profit figures on request, if these figures are recorded in HMRC systems. Taxpayers should ring the HMRC Self Assessment Helpline and agents should ring the Agent Dedicated Line if they need this information to complete a 2021 to 2022 tax return.

HMRC is currently developing an online form for submitting overlap relief requests, to provide an easier way to submit requests and to make sure that these are dealt with separately from general post. Alongside this online form, HMRC is training more officers to deal with overlap relief queries and is developing an internal tool to collect and quickly play back overlap relief information. This training and tool will help officers provide ongoing support for requests made through post, telephone and the new online form.

HMRC is planning to launch the online form and additional support this summer.

Overlap relief information can only be provided if these figures are recorded in HMRC systems, taken from information submitted by taxpayers as part of previous tax returns. If this information has not been submitted in tax returns, HMRC will not be able to provide it.

When looking at a request for overlap relief information, HMRC needs some information about a business to be able to find the correct figures to report back to the taxpayer. When submitting requests, HMRC ask that you provide as much of the following information as possible:

  • taxpayer name

  • National Insurance number or Unique Taxpayer Reference

  • name and description of business

  • whether the business is self-employment or part of a partnership

  • if the business is part of a partnership, the partnership’s Unique Taxpayer Reference

  • date of commencement of the self-employment business, or date of commencement as a partner in partnership

  • the most recent period of account or basis period the business used

Taxpayers looking to change accounting dates and use overlap relief in tax years 2022 to 2023 or 2023 to 2024 should wait until further information on the provision of overlap relief figures for these tax years is announced.

Ahead of further guidance being published, the ‘Basis period reform’ policy paper provides background information.

Read the news article on the changes to how HMRC assesses profits for some sole traders and partnerships.

General information and customer support

Making Child Benefit claims quicker and easier for new parents

If you have employees who are about to become parents, they may be interested to know there is a new, easier way to claim Child Benefit online or using the HMRC app.

Parents can claim as much as £1,248 a year for one child, which could add up to almost £20,000 by the time they are 16. They could also receive nearly £827 a year for any other children they have.

Telling your employees about Child Benefit will help them to make the most of the financial support on offer to help with the costs of raising their children.

There is more to Child Benefit than just payments, by claiming they will also:

  • receive National Insurance credits which count towards their State Pension

  • make sure their child automatically gets a National Insurance number when they are 16 years old

If they or their partner earn over £50,000 a year they will have to pay the High Income Child Benefit Charge on some or all of the money they receive, but it’s still worth claiming, and they can even opt out of receiving payments.

The new, improved online service means many parents can now claim Child Benefit or add an additional child at a time that suits them. A straightforward claim, for example (where a child is under 6 months old) submitted online will be processed much quicker and first payments could reach customers’ bank accounts in as little as three working days.

There are two simple steps to using the HMRC app for the first time.

  1. Download the free HMRC app from the App Store for iOS, or the Google Play Store for Android.

  2. Sign in using a Government Gateway user ID and password. If they do not already have an ID and password, this can be created on the same sign in page.

Once this is all set up, signing into the app can be even faster with a pin, fingerprint or facial recognition. This gives customers everything they will need to know about their Child Benefit claim at their fingertips.

Encourage your staff to download the HMRC App or visit GOV.UK to make a child benefit claim, and help families access the support they are entitled to.

National Cyber Security Centre helps businesses tackle cyber crime risks

The National Cyber Security Centre (NCSC) has launched a cyber action plan for small businesses and a tool that helps them scan their IT systems for vulnerabilities.

In 2022 about four in ten UK businesses reported a cyber attack, according to the Department for Digital, Culture, Media and Sport Cyber Breaches Survey. The NCSC Cyber Action Plan gives small businesses and organisations a tailored list of actions to help protect them online.

The Check Your Cyber Security service:

  • can check computers and systems for vulnerabilities to ransomware

  • provides advice on how to help mitigate any cyber risks

  • provides information on whether a web browser is up to date

The tool is free, quick, easy to use and provides tailored feedback that flags specific weaknesses, the risks they pose and how to fix them.

Read more information for small and medium sized organisations and the small business guide to cyber security.

To help HMRC fight cyber crime:

National Insurance numbers can now be saved to the Apple Wallet

Customers with an Apple iPhone can now store their National Insurance number in their Apple Wallet either online or through the HMRC App.

Your employees may provide their proof of National Insurance number using their Apple Wallet rather than through the HMRC National Insurance number confirmation letter. We want to reassure you that this is genuine and should be accepted in the same way a letter would be.

Issuing National Insurance number confirmation letters by post can take up to 15 days, but now your employees’ National Insurance numbers can be viewed, shared and printed in the HMRC App within minutes and saved for future use.

Make sure the employee’s name matches what is shown in the Apple Wallet and, if you need a record of it, ask your employee for a screenshot.

We are working to give Android phone users the ability to save their National Insurance number to their Google Wallet and will provide a further update when this is released.

Tax Administration Framework Review — publication of information and data call for evidence and creating innovative change through new legislative pilots discussion documents

The Government has published two documents as part of the wider Tax Administration Framework Review. The publications are open for 12 weeks and will close on 20 July 2023. The two new publications are:

In addition to the simplifying and modernising HMRC’s Income Tax services through the tax administration framework discussion document, which was published at Spring Budget 2023, these documents complete a trio of live publications which take forward the next stages of the Tax Administration Framework Review.

HTML format of Employer Bulletin

Since September 2020, material published on GOV.UK or other public sector websites must meet accessibility standards. This is so they can be used by as many people as possible, this includes those with:

  • impaired vision

  • motor difficulties

  • cognitive impairments or learning disabilities

  • deafness or impaired hearing

There is now a contents page, with links, which is fully scrollable. Articles have been put into categories under a heading which is within the introduction to make it easier to find the updates and information you are interested in.

The HTML format does allow you (dependent upon your web browser):

  • to print off the document should you wish to keep a paper file:
    • select the ‘Print this page’ button underneath the contents and print to your local printer
  • to save the document as a PDF:
    • select the ‘Print this page’ button and using the drop-down list on the printer select ‘print to PDF’, which allows you to save as PDF and file electronically
    • on a mobile device you can select more options, then select options to be able to save as PDF

Getting more information and sending feedback

Make sure you are kept up to date with changes by signing up to receive our email alerts.

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Send your feedback about this Employer Bulletin or articles you may wish to see, by email to mary.croghan@hmrc.gov.uk.