Form P11DX, which has traditionally been used by employers to apply for a dispensation, now has its online equivalent, at the link below.

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HMRC has updated the technical guidance provided for its own officers and it is available publicly on HMRC’s website for the assistance of employers and advisers.  Three specific items of interest are described below and the full list of changes may be viewed at www.hmrc.gov.uk/manuals/eimanual/updates/eimupdate101209.htm.

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In September 2009, the Prime Minister, Gordon Brown, announced plans to extend free childcare place, funded by removing the tax relief on the provision by employers of childcare vouchers.  Details were promised in the 2009 Pre-Budget Report.

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Section 244 of the Income Tax (Earnings and Pensions) Act 2003 provides exemption from income tax on the provision of a cycle or cyclist’s safety equipment, irrespective of how it is provided, as long as the specified conditions are met.  The exemption, which also applies to National Insurance contributions, has prompted the creation of “cycle-to-work” schemes, often as part of salary sacrifice arrangements.  Employees sacrifice part of their salary in return for the loan of a cycle, making it possible for such schemes to be self-financing.  As with childcare vouchers, employers generally use commercially-available schemes to provide this benefit.

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Section 243 of the Income Tax (Earnings and Pensions) Act 2003 provides exemption from income tax on the provision of financial or other support for a public transport road service.  The exemption, which also applies to National Insurance contributions, allows an employer to pay subsidies to a bus company in order to
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Section 317 of the Income Tax (Earnings and Pensions) Act 2003 (ITEPA) provides an exemption from tax under the employment income rules whereby an employer can provide the benefit of free or subsidised meals in a canteen or on its business premises, subject to certain conditions.

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During 2009, HMRC has used statutory powers to legislate the provisions of various Extra-Statutory Concessions (ESCs) where it is believed that they exceed HMRC’s discretion to make concessions that depart for the strict application of tax law.

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Two weeks ago we reviewed an HMRC announcement about the withdrawal of the month’s notice that has been given in the past of changes to the advisory fuel rates.  Our interpretation of that announcement was incorrect in some respects and the following review provides details of the new rates that are effective from 1 December 2009.

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In November 2008, HMRC announced new “averaging” arrangements that may be used by employers in the motor industry when calculating the reportable value of cars that are changed very frequently. The procedure involves determining the average price and emission level ratings for cars available in each car group at each location.  A number of simplifications were later introduced from the start of the 2009/10 tax.

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The Advisory Fuel Rates are reviewed every six months and new rates will be effective from 1 January 2010.  They are expected to be announced in late November.

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