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EMPLOYMENT TAXES


Alasdair Friend (Baker & McKenzie) reviews the recent cases of M Phillips and Tottenham Hotspur Ltd, which represent a reality check against too broad an interpretation of when termination payments flow ‘from’ an employment contract. 
 

The Social Security (Contributions) (Amendment No. 3) Regulations, SI 2016/647, correct an error in the new legislation restricting the NICs disregard for travel and subsistence for those working through an employment intermediary. The regulations will have effect from 6 July 2016.

HMRC has published updated guidance to replace sections ESM2034-ESM2069 of the Employment Status Manual, covering the tests for determining whether workers provided through agencies are employed or self-employed. See www.bit.ly/1Sebyh1.

Thomas Dalby (Gabelle) answers a query on a UK tech company that is being purchased by a US company which has offered to settle its unexercised EMI options in cash.

The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order, SI 2016/435, maintains the automatic enrolment earnings trigger at £10,000 for 2016/17 and increases the upper limit of the qualifying earnings band for contributions to maintain alignment with the NICs lower and upper

Employee share-scheme avoidance

Payment on transfer of employee

David Bowes (Bruce Sutherland & Co) answers a query on non-disclosure agreements on the sale of a company.

Mark Groom (Deloitte) summarises changes in employment taxes, looking at what’s to come and areas we’ll soon leave behind. 
 
Nigel Doran (Macfarlanes) considers a recent case on the taxation of payments to employees for injury to feelings arising from discriminatory treatment culminating in the termination of their employment.
 
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