The P11D form is used to report benefits in kind. These are items or services which you (or your employees) receive from your company in addition to your salary, such as private healthcare, interest-free loans (to pay for train season tickets, for example) and company cars. The annual P11D form allows you to report these items to HMRC on your annual Self Assessment return.
As benefits in kind effectively increase your salary, there may be National Insurance contributions (NICs) to be paid on them, although it’s important to note these contributions will be paid by the company, not the individual.
P11Ds are filed by the employer, not the employee – although, for many freelancers and contractors, they’re one and the same.
P11D filings are not dependent on your company year, and must all be filed by 6th July following the tax year in question. So, your P11D for the tax year running 6th April 2019 to 5th April 2020 must be filed by 6th July 2020.
Generally speaking, any items the company pays for and that the employee benefits from need to be included on the P11D form. Expenses and benefits that need to be reported to HMRC are:
As with most tax filings, HMRC is ready and waiting with the penalty hammer should you file late or incorrectly. If you miss the deadline of 6th July (either online or on paper), you will not incur penalties straight away – you have about a fortnight to put things right and file. Should July 19th come and go and your P11D is still nowhere to be seen, your company (not you personally) will incur fines of £100 per month (or part month) per 50 employees.
If you still have not filed by November, HMRC will send you a reminder, along with details of all the penalties you’ve accrued up until then. If your P11D is incorrect, you could also face fines – but only if HMRC believes you deserve them.
If your mistake was genuine and HMRC believes you took reasonable care before filing, you might not face any fines. However, penalties of 30%, 70% or 100% of the owed tax can be applied if HMRC believes you acted carelessly, deliberately misled them or attempted to conceal your true liabilities.
As a director, you do not need to pay interest on the money you owe to the company – provided the director’s loan is less than £10,000.
If your directors’ loan account (DLA) is overdrawn by more than £10,000 at any point in the tax year, HMRC will expect interest to be paid on the total overdrawn amount. This should be charged at the HMRC published rate of interest (2.25% for the 2020/21 tax year) and will need to be paid by the relevant director.
The overdrawn amount is effectively a loan from the business to the director, is treated as an employment-related benefit and must be included on the relevant director’s P11d Form.
If you need to pay loan interest on an overdrawn DLA, then the company will also need to pay Class 1A NICs on the interest payments (the current rate is 13.8% for the 2020/21 tax year). The company will also be required to complete Form P11D(b) and submit it to HMRC.
Finally, make sure that you’re not caught out by Bed & Breakfasting. This is where you settle a director’s loan by depositing personal cash, only to withdraw the same amount within 30 days.
The cost of calls made by employees from their home telephone or personal mobile where the company has repaid the expense can be overlooked. Be sure to keep a note of all your business phone usage and make sure every call is included. Getting a company mobile phone is strongly recommended to avoid any confusion.
As with all tax filings, the accuracy of your P11D form is only as good as the data used to complete it. Try to keep your records up to date, reconcile your accounts often and address any problems early. If you stay on top of your accounts, filing your P11D will be easy.
On HMRC’s website, you will sometimes see Form P11D(b) referenced. A P11D(b) is a form employers must submit, summarising the individual P11D forms they have completed for their employees.
The P11D form must be filed with HMRC every year on the 6th July. Any tax due must be paid to HMRC by the 22nd July each year.
Get in touch with one of our expert accountants so we can help with the P11D forms