Student Loan Repayments: Increased Thresholds From April 2021

Repayment of student loans is a shared responsibility between the Student Loans Company (SLC) and HMRC. Employers have an obligation to deduct student loan repayments in certain circumstances and to account for such payments ‘in like manner as income tax payable under the Taxes Acts’.

There are two plan types for student loan repayments, which have different repayment thresholds. From April 2021, the thresholds are as follows:

               plan 1 with a 2021-22 threshold of £19,895 (£1,658 a month or £382 per week) rising from £19,390 in 2020-21); and

               plan 2 with a 2021-22 threshold of £27,295 (£2,275 a month or £525 per week) rising from £26,575 in 2020-21).

Plan 1 loans are pre-September 2012 Income Contingent Student Loans and repayments will start when the £19,895 threshold is reached. Loans taken out post-September 2012 in England and Wales become eligible for repayment when the higher threshold of £27,295 is reached.  Previously plan 2 loans have been repaid outside of the payroll directly to the SLC, but from April 2016 they are to be calculated and repaid via deduction from an employer’s payroll. This means that employers and payroll software must be capable of coping with both types of plans.

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From 6 April 2021 HMRC are introducing a new plan type for Scottish Student Loans (SSL) known as Plan 4. The Plan 4 threshold will be £25,000. Student Loan deductions will continue to be calculated at 9% on earnings above the Plan 1, Plan 2 or Plan 4 threshold.

Post-graduate loans

Repayment of postgraduate loans (PGL) via PAYE commenced from April 2019. Broadly, if an individual has a PGL, HMRC will send their employer a Postgraduate start notice (PGL1) to ask them to start taking PGL deductions. Individuals may also be liable to repay a Student Loan Plan Type 1 or 2 concurrently with PGL. HMRC will let their employer know this by continuing to send the normal Student Loan start (SL1) and Student Loan stop (SL2) notices as well as PGL1s and PGL2s.

The Postgraduate Loan threshold will remain at its current level of £21,000 for 2021-22. Earnings above £21,000 will continue to be calculated at 6%.

Repayment

Broadly, an employer must start making student loan deductions from the next available payday using the correct plan type if any of the following apply:

               a new employee’s P45 shows deductions should continue – the employer will need to ascertain which plan type the employee has;

               a new employee confirms they are repaying a student loan – again, the employer will need to confirm the plan type;

               a new employee completes a starter checklist showing they have a student loan - the checklist will tell the employer which plan type to use; or

               HMRC issues form SL1 (Start Notice), which will tell the employer which plan type to use.

Employers are not responsible for handling employees’ student loan queries – the employee must contact SLC for this (https://www.gov.uk/government/organisations/student-loans-company).

Student loan deductions are made from gross pay, alongside tax and NIC.

Deductions are rounded down to the nearest pound. Deductions are non-cumulative, and so employers can ignore the question of amounts already deducted by a former employer. HMRC provide tables to assist employers in calculating the deduction each pay day, which (because of rounding) may not be exactly 1/52 of the annual amount, and furthermore this is something you could discuss with our audit firms in London and the surrounding areas especially in relation to tax assist, London.

If an employee has two jobs, the employer does not need to be concerned with the employee’s other income, but should calculate the deduction based only on amounts paid by him. However, if the employee has two employments with the same employer, these should be aggregated for student loan purposes if they are aggregated for NIC purposes.

Employers are required to collect student loan repayments through the PAYE system by making deductions of 9% from an employee’s pay to the extent that earnings exceed the relevant threshold for each plan type, each year (see above).

Each pay day is looked at separately, and so repayments may vary according to how much the employee has been paid in that week or month. If income falls below the starting limit for that week/month, the employer should not make a deduction.

Taxpayers who make repayments through PAYE can swap to repaying by direct debit in the last 23 months of their loan if they so wish. SLC will normally contact individuals shortly before this time to offer this option. This payment method enables account holders to choose a suitable monthly repayment date and ensures that they do not repay too much.

If an employee makes additional student loan repayments direct to SLC, they will have no effect on the size of the repayments made through the payroll – the employer will continue to deduct 9% of earnings above the threshold. The employee will, of course, pay off the loan more quickly.

For further guidance regarding income tax advice London, arrange a consultation with one of our accountants.

Partner note: Employer Bulletin, issue 86 (October 2020): https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/909454/Employer-Bulletin-85_v6_Accessible.pdf; HMRC guidance: Repaying your student loan: https://www.gov.uk/repaying-your-student-loan

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#Furloughed employees might have their student loan payments reduced. Make sure you’ve been calculating it correctly! #Covid19 #SSL

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For furloughed employees check that you’ve been calculating student loan repayments correctly as they are income dependent. A new repayment plan is also being introduced for Scottish Student Loans from April. Read our quick blog to get up to speed.

Business rates update

The government is currently undertaking a fundamental review of the current business rates system, including ideas for possible change and a number of alternative taxes. Conclusions and any changes are likely to be forthcoming in Spring 2021.

Many businesses feel that the current system for calculating business rates is antiquated as it is based on estimated open market rental values from 1 April 2015.

Broadly, at revaluation, the Valuation Office Agency (VOA) adjusts the rateable value of business properties to reflect changes in the property market. This usually happens every five years. The most recent revaluation came into effect in England and Wales on 1 April 2017, based on rateable values from 1 April 2015. The rateable value is multiplied by the correct ‘multiplier’ (an amount set by central government) to give annual business rates payable. As previously mentioned, our audit firms in London and the surrounding areas would be more than willing to assist with this further, providing expert income tax advice London.

The next revaluation will take effect in 2023 and the government has confirmed that this will be based on property values as of 1 April 2021 as this will help reflect the impact of Covid-19 more closely.

Covid-19 support

There are two business rates multipliers set by central government. The ‘small business multiplier’ applies to properties with RVs below £51,000, and the ‘standard multiplier’ applies to properties with RVs of £51,000 or more. Around 1.8 million properties, out of approximately 2 million rateable properties in England, use the small business rates multiplier.

In the recent Comprehensive Spending Review (25 November 2020), the Chancellor announced a freeze on the business rates multiplier in 2021/22 meaning that the multiplier in England for ‘small’ businesses will remain at 49.9p and for large businesses it will remain at 51.2p assuming no further changes to the small business supplement are made. The freeze is expected to cost the Exchequer £575m, which means a saving to retail of around £145m on what would have been paid if business rates were to be levied at 100%.

Small business rate relief

A business may be able to obtain a discount from its local council if it is eligible for small business rate relief. This generally applies where the property’s rateable value is less than £15,000. The business will not pay business rates on a property with a rateable value of £12,000 or less. For properties with a rateable value of £12,001 to £15,000, the rate of relief will go down gradually from 100% to 0%. For example, where property rateable value is £13,500, the business the discount is 50%, for a rateable value of £14,000, the discount is 33%.

As part of the government’s Coronavirus support package, in March 2020, the Chancellor announced a wide-ranging expansion to the business rate discount set out in the Spring Budget 2020. From 1 April 2020, all shops, pubs, theatres, music venues, restaurants and any other business in the retail, hospitality or leisure sectors, have been given a 100% holiday from paying business rates for twelve months. This measure applies to such businesses irrespective of their properties’ rateable value, ensuring that all businesses (as opposed to mostly SMEs) within these industries receive the same government support to manage and survive the pandemic.

It is not currently known whether the business rate relief holiday will be extended beyond March 2021.

The way forward

Whilst the 2021/22 freeze is welcome, it is a small step compared to the much bigger question of whether there will be any business rates relief for retail next year. In addition, the professional bodies are keen to see the government go further. The ICAEW for example, says that a reduction in the multiplier may be a simpler and relatively fairer way for the government to preserve the core revenue base, while giving time to properly consider further reform of business rates to reflect the changes in the way that business now operates, in particular with the move to online which has accelerated since the start of lockdown.

Partner note: Business Rates Review: Call for Evidence: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/903429/Business_Rates_Review_-_CfE.pdf;  HMRC business rates relief: https://www.gov.uk/apply-for-business-rate-relief/small-business-rate-relief

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Keep your eyes peeled for announcements about changes to business rates relief this year – Here’s the latest. #TaxNews #BusinessRates #Covid19

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On 25 November the Chancellor announced a freeze on the business rates multiplier in 2021/22, but the ICAEW thinks the government should go further by reducing the multiplier. What do you think the government should do?

Recent issues for EMI schemes

When it was first introduced in 2000, the Enterprise Management Incentive (EMI) scheme had an initial life expectancy of around five years, but arrangements proved to be so popular with employers and employees alike that the scheme is still going strong some twenty years on.

In broad terms, the EMI is a tax-advantaged share option scheme designed for smaller companies who are looking to attract and retain key staff by rewarding them with equity participation in the business. The scheme is particularly popular with smaller, entrepreneurial companies that might not be able to match the salaries paid by larger firms.

A share option is a right to acquire shares in a company, on terms set out in an option agreement. This will specify how many shares an employee may acquire, how much he or she will have to pay for the shares, and when the shares can be acquired through exercise of the option. Option exercise may occur, for example, after a specified period of employment, on achieving prescribed performance targets, or the sale of the company.

EMI is open to companies with gross assets of £30m or less, and with fewer than 250 full time equivalent employees that carry on a qualifying trade. It enables them to offer share options worth up to £250,000 over a three-year period as an incentive. If the shares are bought at the market rate at the time the options were granted, employees pay no income tax or national insurance on the difference between what the shares are worth when acquired compared to the price paid. Capital gains tax will be payable on any gains made when the shares are subsequently disposed of. We are proud to work in the realm of tax assist London, providing expert income tax advice in London and the surrounding areas. Get in touch for further information.

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Example

David is given an EMI option to acquire a 3% shareholding in his employer’s company for its market value of £10,000. Four years later he exercises the option when the shares are worth £100,000, and eventually sells them for £150,000 when the company is taken over.

David will not pay any tax when the option is granted or when he exercises it. When the shares are sold, David will pay capital gains tax on his gain of £140,000 (£150,000 sale proceeds less £10,000 option exercise price). Ignoring any reliefs he may have available, capital gains tax will be charged at a rate of 10%, so tax of £14,000 will be payable.

Covid-19 and the working time requirement

One of the qualifying criteria for EMIs is that employees and directors need to be engaged to work at least 25 hours per week for their company or group or, if less, for at least 75% of their working time. So a part time employee can qualify by working say two days a week for the company, provided that work elsewhere does not amount to more than 25% of the whole.

Some participants in EMI schemes have been unable to meet the working time requirement because of reasons connected to the Coronavirus pandemic.

HMRC have confirmed that if an employee would otherwise have met the scheme requirements but did not do so for reasons connected to the Coronavirus pandemic, the time which they would have spent on the business of the company will count towards their working time.

HMRC accept the following as reasons for which an employee may have been unable to meet the working time requirements:

·         furlough

·         working reduced hours

·         unpaid leave

In all cases the reason must be attributable to the current Coronavirus pandemic and the period must have begun on or after 19 March 2020.

Employers and employees must keep evidence to show that there is a link to the Coronavirus pandemic.

EMI post-transition

HMRC have also recently confirmed that EMI schemes will continue to be available after the Brexit transition period ends on 31 December 2020. Previously, EMI schemes were approved under EU state aid rules and in February 2020 HMRC could only confirm that EMI would be recognised until the end of the transition period. However, HMRC have now stated that schemes will operate from 1 January 2021 under UK law.

Partner note: ITEPA 2003, Schedule 5; HMRC Employment Related Securities Bulleting (37): https://www.gov.uk/guidance/employment-related-securities-bulletin-37-october-2020

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Do you use the #EMI scheme with your employees? #HMRC have confirmed that #Covid19 related reduction in work time won’t affect eligibility. Read more below.

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Does your business use the Enterprise Management Incentive (EMI) scheme with your employees? Covid-19 related reduction in work time and Brexit have been confirmed to not affect the scheme – we explain more. 

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