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W41/T68- Should you pay your Spouse more than £5435, even if this creates a tax and NIC liability*? (BASED ON NEW 08/09 RATES) For 2005/2006 rates. click here For 2006/2007 Rates click here
(*Figures assume spouse has no other taxable pay) (**Tax relief calculated from the employer's viewpoint at 41% assuming employer will be a higher rates taxpayer.) Of course, in order to satisfy the Inland revenue, you must ensure that you do not pay your spouse more than the commercial rate for the work he/she does. Please see Schedule A for breakdown of column 4. Please see Schedule B for a full explanation of how the figures have been calculated for illustrative example (g) (in yellow). Schedule A - Breakdown of column 4 (Cost of spouse payments)
Schedule B - Explanation of how figures have been calculated for illustrative example (g). Option g Savings from paying spouse £30,000 per annum) Costs Step 1 Employee tax 30,000- 6035 (personal allowance) = 23965. This will be taxed at 20% giving total tax of 4793. Step 2 Employee NI 30000- 5435 (NI free pay) = 24565. This at 11% is 2702.15. Step 3 Employer NI 30000 - 5435 (NI free pay)= 24565. This at 12.8% is 3144.32. This gives a total cost of £10639.47. (£4793 + £2702.15 + £3144.32) (Note: extra NIC of 1% only applies over £40040). Savings The salary is tax allowable (30000 at 41%) giving tax relief of £12300. The Employers NI is tax allowable (3144.32 (from step 3) at 41%) giving tax relief of £1289.17 This gives total tax relief of £13589.17, which after deducting the additional costs of £10639.47 (from step 3), gives a net saving of £2949.70 From this, you deduct the savings from paying a salary of £5435 pa. This at 41% gives 2228.35 and you are left with £721.35 (£2949.70 - £2228.35), this being the saving on increase from £5435p.a to £30000 p.a) Other Points to Consider Although PAYE liability is payable earlier, a higher rate of pay may not only be regarded as more realistic, but will also make it possible to make higher payments into am Employer Pension Scheme. The Employee will also benefit from Sickness and Maternity pay and state pension. (basic + Earnings related). Married higher rate tax payers employing a spouse should consider this. For further discussion, please speak to Mac Kotecha. Click here to go to the main library
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