Employees may lose income as a result of not attending work for a variety of reasons. In some cases, employees may be paid by a third party for loss of their earnings. HMRC refer to these payments as ‘Financial Loss Allowances’ or ‘Lost Time payments’ in their guidance. Examples of a loss of earnings include being required to attend the following where the employer does not pay their employee for the working hours they miss as a result:
jury service
trade union meetings
The PAYE treatment of payments received depends on whether the amount of compensation is based on the actual loss of employment income.
HMRC guidance is available from EIM01120 and NIM02220 with examples at EIM01135. See Simon’s Taxes E4.747A and Division E4.8.
There are two exemptions in place with allow an individual to receive compensation for loss of earnings without any tax or NIC being due. There are as follows:
voluntary office-holders in ITEPA 2003, s 299A
Voluntary public service in
Wholly and exclusivelyFor both income tax and corporation tax purposes, one of the fundamental conditions that must be satisfied for an item of expenditure to be deductible, is that it must incurred ‘wholly and exclusively’ for the purposes of the trade, profession or vocation. References to CTA
Class 4 national insurance contributionsWhat is Class 4 NIC?Class 2 and Class 4 national insurance contributions (NIC) are paid by self-employed individuals and partners in a partnership on their profits arising within the UK. This guidance note considers Class 4 contributions. For Class 2
Classes of NIC and who pays themClass 1 NICClass 1 NIC is payable on earnings paid to an employed worker which derive from, or are treated as deriving from, an employed earner’s employment in the UK. There are two kinds of Class 1 NIC, primary contributions for which the employee is liable and