The general rule is that an employee has to pay tax on every benefit provided by his employer. However, a rather eclectic assortment of benefits has been exempted from tax, usually for policy reasons that have now been lost in the mists of time.
It is feasible for most of the tax-exempt benefits to be provided by small employers as well as large. For example, it is well-known that there is no benefit-in-kind charge on meals provided in canteens or staff dining rooms. What is not so widely appreciated is that the legislation does not require the employer to operate his own catering facility: he can arrange either for his employees to use a canteen or staff dining room operated by a nearby, unrelated enterprise; or for food to be delivered to his own premises by outside caterers. The main condition is that broadly the same facilities must be made available to all employees (or at least, to all employees working at the same site).
Another possibility is free or subsidised transport to and from work in a coach or minibus, or lunchtime trips to local shopping centres, etc. The employer need not own his own vehicle – he could for example buy in the service from a local coach company, or enter into a cost-sharing arrangement with another local employer.
However, most people will probably prefer to drive to work and the provision of car parking spaces at or near the workplace is also free of tax. It is sometimes assumed that the exemption applies only where the vehicle is parked on the employer’s premises (the ‘company car park’), but in fact it applies equally if the employer has to pay for the parking space, for example in a nearby multi-storey car park. And whereas the exemption for a coach or minibus service applies only if the facility is ‘available generally to employees’, workplace parking is exempt even if the employer offers it only to selected individuals. It is rumoured that the exemption for workplace parking was born when some Tax Inspectors were threatened with a benefit-in-kind charge for parking their cars on Government premises – but it is only a rumour.
The employer can also provide the use of a mobile phone – including line rental and call charges – without triggering a tax charge. This is so even if there is no business use of the phone. The main point to watch here is that it would be sensible for the employer to impose some ceiling on the call charges he is willing to pay, as unrestrained use of a mobile phone can be alarmingly expensive.
Next, it is common practice for employers, especially in Central London, to offer interest-free season ticket loans. No tax charge arises on the benefit of being able to borrow the money interest-free, unless the amount outstanding exceeds £5,000. What is less well known is that the same tax exemption applies to loans for any other purpose, provided the sum total of all loans to the individual employee does not exceed £5,000.
The disadvantages from the employer’s point of view are, of course, that it is an expensive benefit to provide, in cash flow terms, and even if repayments are deducted from salary, there is always the risk of default. The employer needs to be sure that the loan is within the employee’s financial comfort zone.
Finally, if there is no specific exemption, the general rule is that the tax charge on a benefit-in-kind is based on the cost to the employer of providing that benefit. Sometimes it is possible to provide worthwhile benefits at no cost to the employer. For example, he may be able to arrange for discounts for employees at gyms and other local facilities, or access to cash-and-carry warehouses.
All the exemptions are subject to complex terms and conditions – Accordingly, if you are planning to provide any benefit-in-kind or facility for employees, we strongly recommend that you discuss, with us, the most tax-efficient way of providing it, before committing yourself to any expenditure.