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Salary sacrifice arrangements are nothing new and have been available as a means for financial services organisations to provide certain benefits to their employees whilst generating tax and NIC savings on the amount sacrificed for many years.
However, taking account of recent economic and tax policy trends such as frozen income tax thresholds, cost pressures and the increasing importance of environmental, social and governance (ESG) issues in boardrooms, the incentives have never been greater for financial services organisations to introduce salary sacrifice schemes in the workplace.
Salary sacrifice involves an employee agreeing irrevocably to give up a portion of their gross salary in exchange for receiving a benefit from their employer.
The amount sacrificed is shown as a reduction from gross pay on the employee’s payslip before the calculation of tax and NIC. As a result, the tax and NIC liability in respect of the employee’s remuneration is reduced for both employee and employer in accordance with the marginal rate of tax due on the portion of the salary sacrificed.
For example, an employee earning £80,000 per year agrees to make an annual contribution of £6,000 (£500 per month) in exchange for receiving an electric company car. The employee is a higher rate taxpayer, meaning they will save tax at 40% and NIC at 2% on the contribution made, resulting in a total annual saving of £2,520. This in effect reduces the annual cost of the car to the individual from £6,000 to £3,480 plus the taxable benefit of the company car. Assuming the list price of the car is £50,000, the taxable amount will be £1,000 and tax will be paid in this example of £400 for the year taking the total cost for the employee to £3,880.
Meanwhile, the employer saves NIC at a rate of 15%, reducing their NIC liability by £750 after taking into account the Class 1A NIC due on the benefit-in-kind. This applies to all employees participating in the scheme, so if 100 employees across the business make the same contribution, the total cost saving would be £75,000. There will also be Apprenticeship Levy savings for employers with an annual payroll bill in excess of £3m, resulting in a further 0.5% (£3,000) saving.
The appropriate tax and NIC treatment of salary sacrifice arrangements is governed by the Optional Remuneration Arrangements (OpRA) legislation. This carves out exemptions from tax and NIC on contributions made from salary in respect of the following benefits:
The increase in the rate of employer NIC from 13.8% to 15% means the incentives are now even greater for employers to utilise salary sacrifice arrangements due to an increase in the cost savings available. The increase in the National Minimum Wage (NMW) announced will also result in rising costs for many employers, therefore, it is more important than ever to maximise cost-saving opportunities such as salary sacrifice. We explore this further along with other cost reduction strategies in our article on employee reward.
Employee contributions to a registered pension scheme will usually qualify for tax relief This is typically achieved in two ways:
Introducing a pension salary sacrifice arrangement therefore carries two key benefits over a ‘relief at source’ scheme:
The OpRA exemptions are partially designed to incentivise employers to pursue initiatives in line with government policy. For example, introducing a ULEV or cycle to work scheme directly feeds into reducing CO2 emissions and aligning with the company’s ESG strategy, where reporting is now mandated by the government.
From the employee’s perspective, salary sacrifice schemes can help deliver benefits at a lower cost than would otherwise be the case if they were not provided by the employer. For example, the tax and NIC savings available on an electric company car mean the net cost of having this provided through salary sacrifice can be significantly lower than if the same car was purchased or leased directly by the employee.
Where employees are participating in a salary sacrifice arrangement, employers need to ensure that they consider other areas including the following:
The employer’s payroll software will need to be configured to account for the above issues and ensure that reductions are being made and displayed correctly. This includes ensuring that salary sacrifice reductions are captured by an appropriate wage code and presented correctly as a reduction from gross pay on the employee’s payslip (i.e. a negative pay type).
We recently assisted a Lloyd’s of London underwriter and insurer with the implementation of a new pension salary sacrifice scheme. The move from a ‘relief at source’ scheme to salary sacrifice generated approximate combined annual savings of:
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Our employment tax team has helped many employers to successfully implement salary sacrifice schemes. We can advise and assist on a range of matters, including:
If you are interested in finding out more, please contact a member of our tax team who can explore the options available to your business where salary sacrifice is concerned.
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