Class 1A National Insurance contributions are employer-only contributions charged on most taxable benefits in kind.
From 6 April 2020 the Class 1A charge is extended such that from that date it will apply to taxable termination payments in excess of the £30,000 tax-free limit and to sporting testimonial payments in excess of the £100,000 lifetime limit. Currently, such payments are taxable but not liable to National Insurance.
The new Class 1A charge on termination payments will apply to the extent that the termination payment exceeds the £30,000 tax-free limit. The normal Class 1A percentage of 13.8% will apply. However, unlike Class 1A National Insurance contributions on benefits in kind, any liability on termination payments will be notified to HMRC via real time information (RTI) and paid with PAYE tax and Class 1 National Insurance contributions. Termination payments in excess of the £30,000 threshold will remain free of employee’s National Insurance contributions.
Non-contractual, non-customary sporting testimonials are taxable to the extent that they exceed a £100,000 lifetime tax-free allowance. From 6 April 2020, Class 1A National Insurance contributions will also be payable to the extent the lifetime allowance is exceeded. The Class 1A charge will fall on the sporting testimonial committee and it will be the responsibility of the sporting testimonial committee to report and pay the Class 1A liability to HMRC.
As with the new Class 1A charge on taxable termination payments, the liability will be reported and paid via the PAYE/RTI process, rather than through the P11D(b) process.
Speak to BFMS ltd to understand how the timing of a termination payments will affect whether any employer-only National Insurance contributions are due.