Author: Glenn

Beneficial loans, where employees benefit from cheap or interest-free loans from their employer, can trigger tax implications. However, certain exemptions, like loans under £10,000 or qualifying loans, eliminate the need for employers to report or pay tax on them.

An employee can receive a benefit when they are provided with a loan from their employer that is either cheap or interest-free. The benefit arises from the difference between the interest the employee pays, if any, and the market rate they would have to pay if they obtained a loan from another source. These types of loans are commonly referred to as beneficial loans.

However, there are several situations in which beneficial loans may be exempt, meaning employers don’t have to report anything to HMRC or pay tax and National Insurance. One of the most common exemptions applies to small loans where the total outstanding balance to the employee is less than £10,000 throughout the entire tax year.

Other exemptions include:

• Loans given in the normal course of a domestic or family relationship, where the loan is made by an individual (not a company they control, even if they are the sole owner and employee).
• Loans provided to an employee for a fixed, invariable period, with a fixed, invariable interest rate that is equal to or greater than HMRC’s official interest rate when the loan was taken out.
• Loans offered on the same terms and conditions to the general public, typically seen with commercial lenders.
• Loans that are ‘qualifying loans’ for tax relief, meaning all the interest is eligible for tax relief.
• Loans made through a director’s loan account, as long as the account is not overdrawn at any point during the tax year.

In these cases, no tax or reporting requirements would apply to the employer.

Inheritance Tax (IHT) impacts estates over £325,000, with rates of 40% on death and 20% on certain gifts. A 36% reduced rate applies if 10% of the estate is left to charity. Executors must value estates and may need to file tax returns for the deceased and their estate.

The current IHT nil rate band is £325,000 per person, below which no IHT is payable. This is the amount that can be passed on free of IHT as a tax-free threshold.

A reduced rate of IHT of 36% (reduced from 40%) applies where 10% or more of a deceased’s net estate after deducting IHT exemptions, reliefs and the nil rate band is left to charity.

In order to ascertain whether or not IHT is due, the personal representative (an executor or administrator) of the deceased must value the deceased's estate. The personal representative is legally responsible for dealing with the deceased’s money, property and possessions (their estate). As part of this process, a tax return for the deceased may be required.

 This could be:

• a self-assessment tax return for income the person earned before they died; or
• a separate self-assessment tax return for income the ‘estate’ generated after the person died.

HMRC reports over 63,000 taxpayers filed their returns over the New Year, but 5.4 million still need to act before the looming 31 January 2025 deadline. File now to avoid penalties, pay your 2023-24 tax, and set up payment plans if needed to stay compliant.

The deadline for submitting your 2023-24 self-assessment tax return online is fast approaching—31 January 2025. This date is not just for filing your return; you also need to pay any tax due by this time. This includes settling any remaining tax from the 2023-24 tax year, plus the first payment on account for the 2024-25 tax year. It’s crucial to remember this deadline to avoid penalties.

If you miss the deadline, be aware of the penalties that can arise. The first penalty is an automatic £100 charge, which you will incur even if you do not owe any tax or if you have paid on time. If your return is still late after 3 months, you will face daily penalties of £10 per day, which can add up to a maximum of £900. After 6 months, another penalty kicks in, which is either 5% of the tax you owe or £300, whichever is greater. Then, if you are still late after 12 months, you will face another penalty of 5% of the tax due or £300, whichever is greater.

On top of these filing penalties, there are also penalties for late payment. If you do not pay your tax bill on time, HMRC charges 5% of the unpaid tax at 30 days, 6 months, and again at 12 months. Interest will also be charged on any outstanding amount.

If you are struggling to pay your tax, there is an option to set up a payment plan online, where you can spread the cost of what’s due by 31 January 2025 over up to 12 months. This option is available for debts up to £30,000, but you will need to set up the plan no later than 60 days after the due date. It is a good idea to set it up sooner rather than later because if your tax is still outstanding on 1 April 2025 and you have not made arrangements, you will face an additional 5% late payment penalty.

If you owe more than £30,000 or need longer than 12 months to pay, you can still apply for a time to pay arrangement, but you will not be able to do this through the online service. Make sure to file your return and pay on time to avoid these costly penalties.

Employers can voluntarily register to report and account for tax on certain benefits and expenses via the RTI system before the start of the tax year. This process, known as payrolling, eliminates the need to submit P11D forms for the selected benefits at the end of the tax year.

The deadline for submitting P11D, P11D(b), and P9D forms for the 2024-25 tax year is 6 July 2025. These forms can be submitted via commercial software or HMRC’s PAYE online service, as HMRC no longer accepts paper submissions. Employees must also receive a copy of the information by the same date.

Employees must also be provided with a copy of the information relating to them on these forms by the same date. P11D forms are used to provide information to HMRC on all Benefits in Kind (BiKs), including those under the Optional Remuneration Arrangements (OpRAs) unless the employer has registered to payroll benefits.

A P11D(b) is still required for Class 1A National Insurance payments regardless of whether the benefits are being reported via P11D or payrolled. The deadline for paying Class 1A NICs is 22 July 2025 (or 19 July if paying by cheque).

If no benefits are provided during the tax year, employers can either submit a 'nil' return or notify HMRC that no return is required. Penalties apply for late submissions or payments, of £100 per 50 employees for each month a P11D(b) is late.

A significant amount of online information about companies is available to the public on the Companies House website. The information available through Companies House can be an important resource for anyone looking to research a company. What makes this particularly valuable is that a significant portion of the data is freely available to the public.

The range of publicly available information can be used for various purposes, including due diligence, background checks, and monitoring the financial health of companies.

Among the key details that can be accessed through Companies House are:

• Company Information: This includes basic but essential details such as the company’s registered address, its date of incorporation, and its status.
• Company Officers: You can access a list of current and resigned officers of the company, which includes directors, company secretaries, and other key individuals.
• Document Images: Companies House maintains a digital archive of official documents filed by companies, such as annual accounts, articles of association, and resolutions.
• Mortgage Charge Data: For companies that have taken out loans or entered into security agreements, information about mortgage charges is available.
• Previous Company Names: If a company has changed its name in the past, this information is also made available.
• Insolvency Information: Companies House also holds records of any insolvency proceedings.

In addition to this, Companies House offers a convenient service where individuals and businesses can set up free email alerts. These alerts notify you whenever there are updates to a company’s details, such as a change in director or registered address.