Archives: Employment Tax

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EMI options – the wait is over!

Since 6 April 2018 companies have been unable to grant new EMI options, because the existing EU state aid approval expired without fresh approval having been received. So there has been much excitement today at the news that the EU Commission has now given state aid approval, and companies can now grant new EMI options. … Continue Reading

Tottenham Hotspur FC 2 : 0 HM Revenue & Customs

Football, football teams, footballers, footballer’s pay… a comprehensive review of the case law on the taxation of termination payments… this one has got it all! The match… the case (HM Revenue & Customs v Tottenham Hotspur Limited) concerns termination payments made to Peter Crouch and Wilson Palacios. The facts are relatively straightforward. Both player’s contracts with Tottenham … Continue Reading

Good Work? Must try harder on tax

The report resulting from the Taylor Review of Modern Working Practices (the Taylor Review), ‘Good Work‘, was finally published on 11 July 2017. The Taylor Review’s primary focus was new ways of working, the ‘gig’ economy, worker rights and responsibilities, and employer freedoms and obligations. Although tax was not (formally at least) within its remit, … Continue Reading

Less is more: further consultation on simplification of taxation of termination payments

In a previous post, we were less than wholly welcoming to the Government’s proposals for the simplification of the tax and NIC treatment of payments in the context of the termination of employment.  The proposals were put out to consultation in July 2015 and a report on the responses, launching further consultation on the draft … Continue Reading

Simplifying employment status – moving forward at a glacial pace

At the Autumn Statement last week the Government announced that it had responded to the Office of Tax Simplification (OTS) report on employment status originally published in March and it was “taking forward the majority of its recommendations”. Now, 9 months after the March report, a letter from HM Treasury has emerged indicating which of … Continue Reading

Happy new (UK tax) year! – action required for all share incentive plans

In several posts last year, we charted the development of the new HMRC rules for the online registering, self-certifying and making of annual returns for share plans, and indeed all arrangements under which employees receive shares. Now the dust has settled, the teething troubles have been ironed out and the templates for the new “end-of-year” returns … Continue Reading

Clawback and HMRC v Martin – where are we now?

As the dust settles on the eagerly awaited HMRC v Martin decision (see our previous blog post), thoughts are inevitably turning to how that decision impacts on an employer’s approach to clawback payments, particularly in the world of variable remuneration. Whilst the judge in the Martin decision was clear that his conclusion turned on the … Continue Reading

A Take-Away from the Quality Stores Decision

The U.S. Supreme Court’s recent decision in United States v. Quality Stores, Inc., No. 12-1408.,188 L. Ed. 2d 413, has broader implications for employers than its legal holding. On its face, the holding is that supplemental unemployment compensation benefits paid to terminated employees after a reduction in force or closing of an operation are subject … Continue Reading
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