UK - NIC charge - rebate - time limited
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UK - NIC charge - rebate - time limited
Those who are UK tax-resident and who are subject to an employee charge for private use of a business aircraft:
HMRC have decided not to appeal the Tribunal decision in Antique Buildings Ltd v HMRC [TC00408]. For the tax years 2003/04 until 2005/06 (3 years only) HMRC were not entitled to charge NIC Class 1A on the whole of the employer benefit in kind where an employee did not pay the full cost of any private use of a company aircraft. HMRC now accept that partial deductions under ITEPA ss363 -365 are not disregarded in the assessment of earnings liable to Class 1A NIC for these three years.
This means that anyone who paid NIC on a benefit in kind for use of an aircraft in theose three years is likely to have been over-charged and can claim a refund. But: 1) you have to claim; and 2) you have until 6 April 2011 to make claims to repayment for 2003/04 so don't delay.
Either you understand all of this and can claim for yourself or, if this is all gibberish to you, get your accountant to take a look.
Claims for overpaid Class 1A NICs should be made to:
HM Revenue and Customs
Customer Operations PAYE Employer Office
BP4009
Chillingham House
Benton Park View
Newcastle
NE98 1ZZ
The following information should be provided:
HMRC have decided not to appeal the Tribunal decision in Antique Buildings Ltd v HMRC [TC00408]. For the tax years 2003/04 until 2005/06 (3 years only) HMRC were not entitled to charge NIC Class 1A on the whole of the employer benefit in kind where an employee did not pay the full cost of any private use of a company aircraft. HMRC now accept that partial deductions under ITEPA ss363 -365 are not disregarded in the assessment of earnings liable to Class 1A NIC for these three years.
This means that anyone who paid NIC on a benefit in kind for use of an aircraft in theose three years is likely to have been over-charged and can claim a refund. But: 1) you have to claim; and 2) you have until 6 April 2011 to make claims to repayment for 2003/04 so don't delay.
Either you understand all of this and can claim for yourself or, if this is all gibberish to you, get your accountant to take a look.
Claims for overpaid Class 1A NICs should be made to:
HM Revenue and Customs
Customer Operations PAYE Employer Office
BP4009
Chillingham House
Benton Park View
Newcastle
NE98 1ZZ
The following information should be provided:
- Why it is considered there has been an overpayment
- The tax year(s) for which a refund is claimed
- Evidence of the amount paid
- The amount to be refunded
- Time limit for making a refund claim.
