Regulations have been published, which ensure that payments to employees involving employment-related securities are treated as earnings for NIC purposes.
The Social Security (Contributions) (Amendment No.2) Regulations 2007 (SI 2007/1057) come into force on 6 April 2007.
Payments to employees involving employment-related securities which avoid income tax and National Insurance Contributions (NICs) are treated as employment income for tax purposes by provisions in Finance (No.2) Act 2005 and Finance Act 2006. The provisions in both Finance Acts are retrospective to 2 December 2004.
SI 2007/1057 ensures that the payments to employees are similarly retrospectively treated as earnings and create a National Insurance liability on those payments.
The National Insurance Contributions Act 2006 includes the necessary powers to make retrospective contributions regulations which mirror retrospective tax legislation. This is necessary because Finance Acts cannot include National Insurance provisions.
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