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Recovery position

19 June 2012 / Shawn Healy
Issue: 4358 / Categories: Comment & Analysis , Employees , Income Tax
Employer or recipient: who is liable for PAYE and NI on a bonus, asks SHAWN HEALY

KEY POINTS

  • The recipient employee is chargeable but the employer is responsible for collection.
  • Recovery of underpaid income tax from the employer or third-party.
  • Determining that recovery should be from the employee.
  • The National Insurance contributions position.

The recent case of David A Marshall Jeweller Ltd [2012] FTT 262 (TC) looked at the question of who was liable for PAYE/Class 1 National Insurance contributions on a bonus payment: the employer or the recipient.

A simple question you might think and one that is very pertinent in the current climate of economic woe and increased HMRC focus on tax loss.

That case involved a company director and shareholder who received a bonus which was credited to his directors’ loan account and declared on his self assessment tax return as employment income but with...

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