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Where Taxpayers and Advisers Meet
Personal and Stakeholder Pensions – Saving NI Contributions
09/08/2003, by Mark McLaughlin CTA (Fellow) ATT TEP, Tax Articles - PAYE and Payroll Taxes, National Insurance, NICs
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TaxationWeb by Peter Arrowsmith, FCA

A useful NIC tip for employees with personal pension plans, by Peter Arrowsmith, FCAThe current personal pension (and stakeholder personal pension) regimes allow contributions to be paid by either the employer or the employee. Normally, it is employee contributions that are paid.

Where it is desired to make an employer contribution, it is important to establish that what is paid is indeed an employer contribution and not an employee’s contribution settled by the employer. The infrequency with which employers contributions are paid into such plans makes it easy to overlook the correct procedure and it is tempting – but costly – to shortcut things.

Employee’s contributions are paid net of tax and any attempt by the employer to pay such a contribution will therefore cause difficulties on that front. In addition, there will be a Class 1 (not Class 1A) National Insurance contributions liability on the payment because the employer has discharged the employee’s own debt. However unfair this might seem to an employer, arrears in respect of transactions can, and will, be collected on compliance visits.
A true employer contribution will be paid gross, with relief obtained through the Schedule D computation, and will attract neither a Class 1 nor a Class 1A National Insurance contribution liability.

Insurance company application forms contain separate sections for employee contributions and employer contributions. Get the paperwork right, and save hassle and money!

About The Author

Mark McLaughlin is a Fellow of the Chartered Institute of Taxation, a Fellow of the Association of Taxation Technicians, and a member of the Society of Trust and Estate Practitioners. From January 1998 until December 2018, Mark was a consultant in his own tax practice, Mark McLaughlin Associates, which provided tax consultancy and support services to professional firms throughout the UK.

He is a member of the Chartered Institute of Taxation’s Capital Gains Tax & Investment Income and Succession Taxes Sub-Committees.

Mark is editor and a co-author of HMRC Investigations Handbook (Bloomsbury Professional).

Mark is Chief Contributor to McLaughlin’s Tax Case Review, a monthly journal published by Tax Insider.

Mark is the Editor of the Core Tax Annuals (Bloomsbury Professional), and is a co-author of the ‘Inheritance Tax’ Annuals (Bloomsbury Professional).

Mark is Editor and a co-author of ‘Tax Planning’ (Bloomsbury Professional).

He is a co-author of ‘Ray & McLaughlin’s Practical IHT Planning’ (Bloomsbury Professional)

Mark is a Consultant Editor with Bloomsbury Professional, and co-author of ‘Incorporating and Disincorporating a Business’.

Mark has also written numerous articles for professional publications, including ‘Taxation’, ‘Tax Adviser’, ‘Tolley’s Practical Tax Newsletter’ and ‘Tax Journal’.

Mark is a Director of Tax Insider, and Editor of Tax Insider, Property Tax Insider and Business Tax Insider, which are monthly publications aimed at providing tax tips and tax saving ideas for taxpayers and professional advisers. He is also Editor of Tax Insider Professional, a monthly publication for professional practitioners.

Mark is also a tax lecturer, and has featured in online tax lectures for Tolley Seminars Online.

Mark co-founded TaxationWeb (www.taxationweb.co.uk) in 2002.

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