Covid-19 UK Support for Business - Dexter & Sharpe - Dexter & Sharpe
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Contents: • Updates to this document 3 • Self-employment income support scheme 4 • Key workers 9 • Travelling to work 10 • Job Retention Scheme: through to 31 March 2021 11 • Job Retention Scheme: Employers 12 • Job Retention Scheme: Employees 23 • Sick pay to employees 27 • Business rates 29 • Business rates: Nurseries 30 • Little or no business rates 30 • Cash Grant Schemes 31 • Covid corporate financing facility 36 • Business interruption loan scheme 37 • Coronavirus Bounce Back Loan 42 • Businesses paying tax and VAT 44 • Insurance 46 • Energy Security 47 • Companies House 48 • Charities 49 • Apprentices 50 • Commercial tenancies & Business Improvement Districts 51 • Accommodation providers 52 • Annual leave 53 • Office best practice 54 • Developing symptoms on-site 54 • Travel arrangements 55 • Time off for care 55 • Limiting the spread 56 • Hygiene 56 • Social distancing 57 • Posters 58 This is an evolving document and changes to the information presented here should be expected. The information provided in this document should not be relied upon in lieu of direct and specific financial, accountancy, tax, or business advice. The information within this document is taken from reputable, UK sources. 07/12/2020 Dexter & Sharpe 2
Updates to this document: 4 December 2020 • Lockdown in England has ended. Tier systems have now returned. Consequently, information regarding which businesses may or may not open during a lockdown has now been removed. • A note regarding the extension of the tourism and hospitality reduced VAT rate is now included. • Information on the ‘Wet Led’ pub grant for tiers 2 and 3 is now available. This information can be found under the section entitled ‘Cash Grant Schemes’. • The furlough guidance has been revised and updated. • The self-employment support guidance has been revised and updated. 07/12/2020 Dexter & Sharpe 3
Self-employment Income Support Scheme: Extension to April 2021 The Self-Employment Income Support Scheme (SEISS), originally announced during the first lockdown, allowed you to claim two taxable grants, the first worth 80% of your trading profits up to a maximum of £2,500 per month for 3 months, the second worth 70% of your trading profits up to a maximum of £2,190 per month for 3 months. The deadlines for these first two taxable grants has now passed. However, a further tranche of grants is now available: On 5 November Rishi Sunak announced an increase in the level of the third instalment of the Self-employment Income Support Scheme (SEISS) from 55% to 80% of average trading profits for November to January. SEISS grants are calculated over three months and the uplift for November to January increases the level of the third grant to 80% of trading profits. The maximum grant will be capped at £7,500. The SEISS grants will also be paid faster than previously planned, with the claims window opening at the end of November rather than the middle of December. The government has already announced that there will be a fourth grant covering February 2021 to April 2021. The government will set out further details, including the level, of the fourth grant in due course. The grants are taxable income and also subject to National Insurance contributions. 07/12/2020 Dexter & Sharpe 4
Self-employment income support scheme To be eligible for the third grant you must be a self-employed individual or a member of a partnership. You cannot claim the grant if you trade through a limited company or a trust. To qualify for the extended scheme: • You must make your claim on or before 29 January 2021. • To make a claim for the third grant your business must have been impacted by coronavirus on or after 1 November 2020. • You can make a claim for the third grant if you’re eligible, even if you did not make a claim for the first or second. • You must have traded in both of the tax years 18/19 and 19/20. • Your 18/19 self-assessment return must have been submitted on or before 23 April 2020 for that year • You must either (1) be currently trading but are impacted by reduced demand due to coronavirus, or (2) have been trading but are temporarily unable to do so due to coronavirus You must also declare that: • you intend to continue to trade • you reasonably believe there will be a significant reduction in your trading profits Reasonable belief: In order to claim, you must reasonably believe that you will suffer a significant reduction in trading profits due to reduced business activity, capacity or demand or inability to trade due to coronavirus during the period 1 November to 29 January 2021. You must keep evidence that shows how your business has been impacted by coronavirus resulting in less business activity than otherwise expected. Significant reduction: Before you make a claim, you must decide if the impact on your business will cause a significant reduction in your trading profits for the tax year you report them in. HMRC cannot make this decision for you because your individual and wider business circumstances will need to be considered when deciding whether the reduction is significant. You should wait until you have a reasonable belief that your trading profits are going to be significantly reduced, before you make your claim Your self-employed trading profits must also be less than £50,000 and more than half of your income come from self-employment. Please turn over for more information. 07/12/2020 Dexter & Sharpe 5
Self-employment income support scheme The amount of relevant self-employed trading profits is determined by at least one of the following conditions being true: • having trading profits/partnership trading profits in 2018-19 of less than £50,000 and these profits constitute more than half of your total taxable income • having average trading profits in 2016-17, 2017-18, and 2018-19 of less than £50,000 and these profits constitute more than half of your average taxable income in the same period. • Your total income is the total of all your: • income from earnings • trading profits • property income • dividends • savings income • pension income • miscellaneous income (including social security income) If you started trading between 2016-19, HMRC will only use those years for which you filed a Self-Assessment tax return. If you have not submitted your Income Tax Self-Assessment tax return for the tax year 2018-19 by 23 April 2020 you will not eligible for the scheme. HMRC will use data on 2018-19 returns already submitted to identify those eligible and will risk assess any late returns filed before the 23 April 2020 deadline in the usual way. Anyone whose self-employment started after 5 April 2019 and thus has no self- employed earnings recorded with HMRC cannot benefit from the scheme and must rely on Universal Credit. Maternity Allowance will not affect your eligibility for the grant. 07/12/2020 Dexter & Sharpe 6
Self-employment income support scheme • We will use the figures on your tax returns for your total trading income (turnover), then deduct any allowable business expenses and capital expenditure. Allowable expenses include: • office costs, for example stationery or phone bills • travel costs, for example fuel, parking, train or bus fares • clothing expenses, for example uniforms • staff costs, for example salaries or subcontractor costs • things you buy to sell on, for example stock or raw materials • financial costs, for example insurance or bank charges • costs of your business premises, for example heating, lighting, business rates • advertising or marketing, for example website costs • training courses related to your business, for example refresher courses It also includes: • any business expenses deducted through the trading allowance • capital allowances, used to buy assets used in your business • qualifying care relief • flat rate expenses The grant will be paid directly into your bank account, in one instalment. 07/12/2020 Dexter & Sharpe 7
Self-employment income support scheme You can use HMRC's online tool to find out if you’re eligible to make a claim. Your tax agent or adviser can also use the online tool on your behalf. You will need your: • Self Assessment Unique Taxpayer Reference (UTR) number - if you do not have this find out how to get your lost UTR number • National Insurance number - if you do not have this find out how to get your lost National Insurance number • If you are eligible it will tell you what date you will be able submit your application and be will be asked to add contact details which HMRC will use to remind you when the online service will be available. • To do this you will need a Government Gateway account, if you do not have one you can register here. If you’re unable to claim online “an alternative way to claim will be available”. Although they can check your eligibility for you, your tax agent or adviser cannot make the claim for you. You must make the claim yourself. If you use an agent you should contact them if you need any help or support. You can only access this scheme through GOV.UK: • If someone texts, calls or emails claiming to be from HMRC, saying that you can claim financial help or are owed a tax refund, and asks you to click on a link or to give information such as your name, credit card or bank details, it is a scam. Please do not provide any information whatsoever. Once HMRC has received your claim and you are eligible for the grant, HMRC will contact you to tell you how much you will get and the payment details. If HMRC inform you that you’re not eligible to make a claim, you can ask HMRC to review this after you’ve used the online tool. If you want to do this at a later time, you’ll be able to use the online tool more than once. If you claim tax credits you’ll need to include the grant in your claim as income. The grant will be subject to Income Tax and self-employed National Insurance. 07/12/2020 Dexter & Sharpe 8
Key Workers The following qualify as key workers: • Health and Social Care. This includes doctors, nurses, midwives, paramedics, social workers, home carers and staff required to maintain our health and social care sector • Education and childcare. This includes nursery and teaching staff, social workers and those specialist education professionals who will remain active during the Covid-19 response • Public safety and national security. This includes civilians and officers in the police (including key contractors), Fire and Rescue Service, prison service and other national security roles • Transport. This will include those keeping air, water, road and rail transport modes operating during the Covid-19 response • Utilities and Communication. This includes staff needed for oil, gas, electricity and water (including sewage) and primary industry supplies, to continue during the Covid-19 response, as well as key staff in telecommunications, post and delivery, services and waste disposal • Food and other necessary goods. This includes those involved in food production, processing, distribution and sale, as well as those essential to the provision of other key goods (e.g. hygiene, medical etc) • Payroll professionals • Key national and local government including those administrative occupations essential to the effective delivery of the Covid-19 response • Other workers essential to delivering key public services Please see the section entitled ‘Accommodation providers’, should your businesses entail the provision of accommodation to key workers. 07/12/2020 Dexter & Sharpe 9
Travelling to work Travel safely during the coronavirus outbreak: You can help control coronavirus (COVID-19) and travel safely by walking and cycling, if you can. Where this is not possible, use public transport or drive. Local restrictions apply in England. Check the local restriction tiers that apply to the areas you pass through when travelling. You can also help control coronavirus by: • working from home where possible • observing social contact rules for your local and destination areas • keeping your distance when you travel, where possible • washing or sanitising your hands regularly • planning ahead and avoiding the busiest routes, as well as busy times like the rush hour • downloading the NHS COVID-19 app before you travel, if possible, and checking in where you see official NHS COVID-19 QR code posters You must not travel at all if you: • have been told by the NHS Test and Trace service to self-isolate • are experiencing any coronavirus symptoms • are self-isolating as a result of coronavirus symptoms or sharing a household or support bubble with somebody with symptoms You should not travel if you: • have been told by the NHS COVID-19 app to self-isolate • are clinically extremely vulnerable, except to go outdoors for exercise or to attend essential health appointments These restrictions apply to England only. Further, extended guidance is available here, including the circumstances in which it is a legal requirement to wear a facemask. 07/12/2020 Dexter & Sharpe 10
The Coronavirus Job Retention Scheme: Extension to March 2021 On 5 November, Chancellor Rishi Sunak announced that as part of the new lockdown the Coronavirus Job Retention Scheme (CJRS) has been extended until 31 March 2021. This announcement updates the Prime Minister's previous announcement on 31 October that the CJRS would be extended for a month, until December. The grant will ensure employees receive 80% of their current salary for hours not worked, up to a maximum of £2,500. Businesses will have flexibility to bring furloughed employees back to work on a part time basis or furlough them full-time, employers will be asked to cover National Insurance and employer pension contributions. As with the current CJRS, employers are still able to choose to top up employee wages above the scheme grant at their own expense if they wish. The Government will confirm shortly when claims can first be made in respect of employee wage costs during November, but there will be no gap in eligibility for support between the previously announced end-date of CJRS and this extension. The JSS, which was scheduled to come in on Sunday 1st November, has been postponed until the furlough scheme ends. Who is eligible to claim the CJRS? Employers All employers with a UK bank account and UK PAYE schemes can claim the grant. Neither the employer nor the employee needs to have previously used the CJRS. The government expects that publicly funded organisations will not use the scheme, as has already been the case for CJRS, but partially publicly funded organisations may be eligible where their private revenues have been disrupted. All other eligibility requirements apply to these employers. Employees • To be eligible to be claimed for under this extension, employees must be on an employer’s PAYE payroll by 23:59 30th October 2020. This means a Real Time Information (RTI) submission notifying payment for that employee to HMRC must have been made on or before 30th October 2020. • As under the current CJRS rules: • Employees can be on any type of contract. Employers will be able to agree any working arrangements with employees. • Employers can claim the grant for the hours their employees are not working, calculated by reference to their usual hours worked in a claim period. Such calculations will broadly follow the same methodology as currently under the CJRS. • When claiming the CJRS grant for furloughed hours, employers will need to report and claim for a minimum period of 7 consecutive calendar days. • Employers will need to report hours worked and the usual hours an employee would be expected to work in a claim period. • For worked hours, employees will be paid by their employer subject to their employment contract and employers will be responsible for paying the tax and NICs due on those amounts. 07/12/2020 Dexter & Sharpe 11
The Coronavirus Job Retention Scheme: Employers Any UK organisation with employees can apply, including businesses, charities, recruitment agencies (agency workers paid through PAYE), and public authorities may claim. Where a company is being taken under the management of an administrator, the administrator will be able to access the Job Retention Scheme. The scheme is live for submitting applications. Click Here for a Step-by-step guide to making a claim and Here for a claim calculator. Eligibility: You must have: • created and started a PAYE payroll scheme on or before 30 October 2020 • enrolled for PAYE online • a UK, Isle of Man or Channel Island bank account Employees can be on any type of contract, including: • full-time employees • part-time employees • employees on agency contracts • employees on flexible or zero-hour contracts The scheme also covers employees who were made redundant since 28 February 2020, if they are rehired by their employer. To be eligible for the subsidy, when on furlough, an employee can not undertake work for or on behalf of the organisation. This includes providing services or generating revenue. While on furlough, the employee’s wage will be subject to usual income tax and other deductions. • This scheme is only for employees on agency contracts who are not working. • You will have to continue paying the employee through your payroll and pay their salary subject to the terms of the employment contract you agreed. • Workers may be engaged in a ‘flexible’ furlough arrangement where they perform reduced hours. 07/12/2020 Dexter & Sharpe 12
The Coronavirus Job Retention Scheme: Employers Furloughing employees: Employers should discuss with their staff and make any changes to the employment contract by agreement. When employers are making decisions in relation to the process, including deciding who to offer furlough to, equality and discrimination laws will apply in the usual way. To be eligible for the grant, employers must have confirmed to their employee (or reached collective agreement with a trade union) in writing that they have been furloughed. You must: • make sure that the agreement is consistent with employment, equality and discrimination laws • keep a written record of the agreement for five years • keep records of how many hours your employees work and the number of hours they are furloughed (i.e. not working) • The employee does not have to provide a written response and you do not need to place all your employees on furlough. You may: • fully furlough employees - they cannot undertake any work for you while furloughed full time • flexibly furlough employees - they can work for any amount of time, and any work pattern but they cannot do any work for you during hours that you record them as being on furlough If you flexibly furlough employees, you will also need to agree this with the employee (or reach collective agreement with a trade union) and keep a new written agreement that confirms the new furlough arrangement. You do not need to place all your employees on furlough and you can continue to fully furlough employees if you wish. Employees cannot undertake any work for you during time that you record them as being on furlough. Where consistent with employment law, any flexible furlough or furlough agreement made retrospectively that has effect from 1 November 2020 will be valid for the purposes of a Coronavirus Job Retention Scheme claim as long as it is made according to the conditions above. Only retrospective agreements put in place up to and including the 13 November 2020 may be relied on for the purposes of a claim. 07/12/2020 Dexter & Sharpe 13
The Coronavirus Job Retention Scheme: Employers Flexible furlough agreements: There is no minimum furlough period. Agreed flexible furlough agreements can last any amount of time until the scheme ends. Employees can enter into a flexible furlough agreement more than once. “Although flexible furlough agreements can last any amount of time, unless otherwise specified the period that you claim for must be for a minimum claim period of seven calendar days.” We understand this to mean that when you claim, the period that you will claim for will be a 7-day block period. In other words, the 7 day rule refers to when you, the employer, makes a claim, and not to the minimum period for which any member of staff must be furloughed. For example, if an employee normally works 37 hours across a 7 day week, they might be furloughed for only 7 hours. The claim period would be the 7 days over which the 37 hours occurs. The furlough claim would be for 7 hours. The 7 day week is therefore split between 30 hours of normal work, and 7 hours of furlough. When your employees are on furlough During hours which you record your employee as being on furlough, you cannot ask them to do any work for you that: • makes money for your organisation or any organisation linked or associated with your organisation • provides services for your organisation or any organisation linked or associated with your organisation Your employee can: • take part in training • volunteer for another employer or organisation • work for another employer (if contractually allowed) • Paying employee taxes and pension contributions • Your employees will still pay the taxes they normally pay out of their wages. 07/12/2020 Dexter & Sharpe 14
The Coronavirus Job Retention Scheme: Employers Payroll Guidance for Employers: You must deduct and pay to HMRC income tax and employee National Insurance contributions on the full amount that you pay the employee, including any scheme grant. You must also pay to HMRC the employer National Insurance contributions on the full amount that you pay the employee, including any scheme grant. You must report these payments via a Full Payment Submission (FPS) to HMRC on or before the pay date. Your employee will also still pay pension contributions (both employer and automatic contributions from the employee), unless the employee has opted out or stopped saving into their pension. You are not able to claim for employer NICs and pension contributions. Keeping employee rights Employees still have the same rights at work, including: • Statutory Sick Pay (SSP) • annual leave • maternity and other parental rights • rights against unfair dismissal • redundancy payments Grants cannot be used to substitute redundancy payments. HMRC will continue to monitor businesses after the scheme has closed. 07/12/2020 Dexter & Sharpe 15
The Coronavirus Job Retention Scheme: Employers You can only place employees on furlough if coronavirus (COVID-19) is affecting your operations. You should not place employees on furlough just because: • they are going to be on paid leave • you usually do less business over the festive period The employer and employee can agree to vary holiday entitlement as part of the furlough agreement, however almost all workers are entitled to 5.6 weeks of statutory paid annual leave each year which they cannot go below. Employees working for a different employer & new employees If contractually allowed, your employees are permitted to work for another employer whilst you have placed them on furlough. For any employer that takes on a new employee, the new employer should ensure they complete the starter checklist form correctly. If the employee is furloughed from another employment, they should complete ‘statement C’ on the list. If your employee does volunteer work A furloughed employee can take part in volunteer work during hours which you record your employee as being on furlough as long as it is for another employer or organisation. If your employee does training Furloughed employees can engage in training during hours which you record your employee as being on furlough, as long as in undertaking the training the employee does not provide services to, or generate revenue for, or on behalf of their organisation or a linked or associated organisation. Furloughed employees should be encouraged to undertake training. Where training is undertaken by furloughed employees during hours which you record your employee as being on furlough, at the request of their employer, they are entitled to be paid at least their appropriate national minimum wage for this time. In most cases, the furlough payment of 80% of an employee’s regular wage, up to the value of £2,500, will provide sufficient monies to cover these training hours. However, where the time spent training attracts a minimum wage entitlement in excess of the furlough payment, employers will need to pay the additional wages (see National Minimum Wage Section for more details). 07/12/2020 Dexter & Sharpe 16
The Coronavirus Job Retention Scheme: Employers Holiday pay Furloughed employees continue to accrue leave as per their employment contract. Employees can take holiday whilst on furlough. If they are flexibly furloughed then any hours taken as holiday during the claim period should be counted as furloughed hours rather than working hours. Working Time Regulations (WTR) require holiday pay to be paid at the employee’s normal rate of pay or, where the rate of pay varies, calculated on the basis of the average pay received by the employee in the last 52 working weeks (twelve weeks in Northern Ireland). Therefore, if a furloughed employee takes holiday, the employer should pay their usual holiday pay in accordance with the Working Time Regulations. Employers will be obliged to pay employees who are on holiday additional amounts over the grant, though will have the flexibility to restrict when leave can be taken if there is a business need and the correct notice is given. This applies for both the furlough period and the recovery period. If an employee usually works bank holidays then the employer can agree that this is included in the grant payment. If the employee usually takes the bank holiday as leave then the employer would either have to top up their usual holiday pay, or give the employee a day of holiday in lieu. Furloughed employees working as union or non-union representatives or as pension trustees During hours which you record your employee as being on furlough, employees who are union or non-union representatives may undertake duties and activities for the purpose of individual or collective representation of employees or other workers. However in doing this, they must not provide services to or generate revenue for, or on behalf of your organisation or a linked or associated organisation. During hours which you record your employee as being on furlough, employees who are pension scheme trustees or trustee directors of a corporate trustee may undertake trustee duties in relation to the pension scheme. However, a professional, independent pension scheme trustee who has been furloughed by the independent trustee company cannot undertake trustee work that would provide services to or generate revenue for, or on behalf of, the independent trustee company or any organisation linked or associated with that independent trustee company during hours which you record them as being on furlough. 07/12/2020 Dexter & Sharpe 17
The Coronavirus Job Retention Scheme: Employers Directors can furlough. When furloughed, directors can complete their statutory duties, even if furloughed. This is the only work allowed. If your employee is on Maternity Leave, contractual adoption pay, paternity pay or shared parental pay: • Individuals who are on or plan to take Maternity Leave must take at least 2 weeks off work (4 weeks if they work in a factory or workshop) immediately following the birth of their baby. This is a health and safety requirement. In practice, most people start their Maternity Leave before they give birth. 07/12/2020 Dexter & Sharpe 18
The Coronavirus Job Retention Scheme: Employers Work out what you can claim: Employers need to make a claim for wage costs through this scheme. You will receive a grant from HMRC to cover the lower of 80% of an employee’s regular wage or £2,500 per month, plus the associated Employer National Insurance contributions and minimum automatic enrolment employer pension contributions on that subsidised wage. Fees, commission and bonuses should not be included. At a minimum, employers must pay their employee the lower of 80% of their regular wage or £2,500 per month. An employer can also choose to top up an employee’s salary beyond this but is not obliged to under this scheme. The UK Government will issue more guidance on how employers should calculate their claims for Employer National Insurance Contributions and minimum automatic enrolment employer pension contributions, before the scheme becomes live. Full time and part time employees: For full time and part time salaried employees, the employee’s actual salary before tax, as of 28 February should be used to calculate the 80%. Fees, commission and bonuses should not be included. Employees whose pay varies: If the employee has been employed (or engaged by an employment business) for a full twelve months prior to the claim, you can claim for the higher of either: • the same month’s earning from the previous year • average monthly earnings from the 2019-20 tax year If the employee has been employed for less than a year, you can claim for an average of their monthly earnings since they started work. 07/12/2020 Dexter & Sharpe 19
The Coronavirus Job Retention Scheme: Employers Employer National Insurance and Pension Contributions: All employers remain liable for associated Employer National Insurance contributions and minimum automatic enrolment employer pension contributions on behalf of their furloughed employees. You can claim a grant from HMRC to cover wages for a furloughed employee, equal to the lower of 80% of an employee’s regular salary or £2,500 per month, plus the associated Employer National Insurance contributions and minimum automatic enrolment employer pension contributions on paying those wages. You can choose to provide top-up salary in addition to the grant. Employer National Insurance Contributions and automatic enrolment contribution on any additional top- up salary will not be funded through this scheme. Nor will any voluntary automatic enrolment contributions above the minimum mandatory employer contribution of 3% of income above the lower limit of qualifying earnings (which is £512 per month until 5th April and will be £520 per month from 6th April 2020 onwards). National Living Wage/National Minimum Wage: Individuals are only entitled to the National Living Wage (NLW)/National Minimum Wage (NMW) for the hours they are working. Therefore, furloughed workers, who are not working, must be paid the lower of 80% of their salary, or £2,500 even if, based on their usual working hours, this would be below NLW/NMW. However, if workers are required to for example, complete online training courses whilst they are furloughed, then they must be paid at least the NLW/NMW for the time spent training, even if this is more than the 80% of their wage that will be subsidised. What you’ll need to make a claim: Employers should discuss with their staff and make any changes to the employment contract by agreement. Employers may need to seek legal advice on the process. If sufficient numbers of staff are involved, it may be necessary to engage collective consultation processes to procure agreement to changes to terms of employment. 07/12/2020 Dexter & Sharpe 20
The Coronavirus Job Retention Scheme: Employers To claim, you will need: • Your employer PAYE reference number • The number of employees being furloughed • National Insurance Numbers for the employees you want to furlough • Names of the employees you want to furlough • Payroll/works number for the employees you want to furlough • Your Self Assessment Unique Taxpayer Reference or Corporation Tax Unique Tax payer Reference or Company House Registration Number • The claim period (start and end date) • Amount claimed • Your bank account number and sort code • Your contact name • Your phone number. You will need to calculate the amount you are claiming. HMRC will retain the right to retrospectively audit all aspects of your claim. If you use an agent who is authorised to act for you for PAYE purposes, they will be able to make a claim on your behalf. If you use a file only agent (who files your RTI return but doesn’t act for you on any other matters) they won’t be authorised to make a claim for you and you will need to make the claim yourself. Your file only agent can assist you in obtaining the information you need to claim (which is listed above). We are making the claim process as straightforward as possible. Claims can be backdated where appropriate. Claims should be started from the date that the employee finishes work and starts furlough, not when the decision is made, or when they written to confirming their furloughed status. What to do after you’ve claimed: • Once HMRC have received your claim and you are eligible for the grant, they will pay it via BACS payment to a UK bank account. • You should make your claim in accordance with actual payroll amounts at the point at which you run your payroll or in advance of an imminent payroll. • You must pay the employee all the grant you receive for their gross pay, no fees can be charged from the money that is granted. You can choose to top up the employee’s salary, but you do not have to. 07/12/2020 Dexter & Sharpe 21
The Coronavirus Job Retention Scheme: Employers When the government ends the scheme: • When the government ends the scheme (now extended to March 2021) you must make a decision, depending on your circumstances, as to whether employees can return to their duties. If not, it may be necessary to consider termination of employment (redundancy). Employees that have been furloughed: • Employees that have been furloughed have the same rights as they did previously. That includes Statutory Sick Pay entitlement, maternity rights, other parental rights, rights against unfair dismissal and to redundancy payments. Once the scheme has been closed by the government, HMRC will continue to process remaining claims before terminating the scheme. • Furloughed employees continue to accrue leave as per their employment contract. The employer and employee can agree to vary holiday entitlement as part of the furlough agreement, however almost all workers are entitled to 5.6 weeks of statutory paid annual leave each year which they cannot go below. Income tax and Employee National Insurance: • Wages of furloughed employees will be subject to Income Tax and National Insurance as usual. Employees will also pay automatic enrolment contributions on qualifying earnings, unless they have chosen to opt-out or to cease saving into a workplace pension scheme. • Employers will be liable to pay Employer National Insurance contributions on wages paid, as well as automatic enrolment contributions on qualifying earnings unless an employee has opted out or has ceased saving into a workplace pension scheme. Tax Treatment of the Coronavirus Job Retention Grant • Payments received by a business under the scheme are made to offset these deductible revenue costs. They must therefore be included as income in the business’s calculation of its taxable profits for Income Tax and Corporation Tax purposes, in accordance with normal principles. • Businesses can deduct employment costs as normal when calculating taxable profits for Income Tax and Corporation Tax purposes. • Individuals with employees that are not employed as part of a business (such as nannies or other domestic staff) are not taxable on grants received under the scheme. Domestic staff are subject to Income Tax and National Insurance Contributions on their wages as normal. 07/12/2020 Dexter & Sharpe 22
The Coronavirus Job Retention Scheme: Employees The Coronavirus Job Retention Scheme is a temporary scheme open to all UK employers for at least three months starting from 1 March 2020. It is designed to support employers whose operations have been severely affected by coronavirus (COVID-19). Employers can use a portal to claim for 80% of furloughed employees’ (employees on a leave of absence) usual monthly wage costs, up to £2,500 a month, plus the associated Employer National Insurance contributions and minimum automatic enrolment employer pension contributions on that wage. Employers can use this scheme anytime during this period. Check if you’re eligible: You can be on any type of employment contract, including full-time, part-time, agency, flexible or zero-hour contracts. You can be furloughed if you’re a foreign national and meet the eligibility criteria. Your employer can claim for you if you were employed on 30 October 2020, as long as they have made a PAYE Real Time Information (RTI) submission to HMRC between 20 March 2020 and 30 October 2020. This may differ if you were made redundant, or you stopped working for them on or after 23 September 2020 and they then re-employed you. You cannot claim through this scheme if you’re self-employed or get any income from self-employment. If you are self-employed, check if you can apply for support through the Self-Employment Income Support Scheme. Your employer is responsible for claiming through the scheme on your behalf and for paying you what you’re entitled to. You cannot apply for the scheme yourself. How much you’ll get: Your employer will get a grant to cover 80% of your monthly earnings, up to a maximum of £2,500. Firms will be eligible for the grant once you have been furloughed, from 1 March. Your employer: will pay you at least 80% of your usual monthly earnings, up to a maximum of £2,500, as your wage Your employer can choose to pay you more than the grant - but they do not have to. You’ll still pay Income Tax, National Insurance contributions and any other deductions from your wage. 07/12/2020 Dexter & Sharpe 23
The Coronavirus Job Retention Scheme: Employees If you’re self-isolating or on sick leave: The Coronavirus Job Retention Scheme is not intended for short term absences from work due to sickness. Short term illness or self-isolation should not be a consideration in deciding whether to furlough you. If your employer wants to furlough you for business reasons and you are currently off sick, they are eligible to do so as with other employees. In these cases, you should no longer receive sick pay and would be considered a furloughed employee. If you are on sick leave or self-isolating as a result of coronavirus, you may be able to get Statutory Sick Pay (SSP). Your employer can furlough you if you are clinically extremely vulnerable, at the highest risk of severe illness from coronavirus or off work on long-term sick leave. It is up to your employer to decide whether to furlough you. If you’re sick while furloughed: You retain your statutory rights, including your right to SSP. This means that if you become ill, due to Coronavirus or any other cause, you must be paid at least as much as you would receive under SSP. Subject to eligibility this includes those self-isolating or clinically extremely vulnerable because of Coronavirus. It is up to employers to decide whether to move you onto SSP or to keep you on furlough, at your furloughed rate. If you currently have more than one employer: You can be put on furlough by one employer and continue to work for another, if it is permitted within your employment contract. If you’re put on furlough by more than one employer, you’ll receive separate payments from each employer. The 80% of your normal wage up to a £2,500 monthly cap applies to each job. Please click here for information about: • maternity pay • adoption pay • paternity pay • shared parental pay • parental bereavement pay • Apprentices 07/12/2020 Dexter & Sharpe 24
The Coronavirus Job Retention Scheme: Employees If you are on Universal Credit: If you’re earning less because you’re on furlough, your Universal Credit payment might change - find out how earnings affect your payments. If you are on Maternity Leave, contractual adoption pay, paternity pay or shared parental pay: You must take at least 2 weeks Maternity Leave (4 weeks if you work in a factory or workshop) immediately following the birth of your baby. This is a health and safety requirement. In practice, most women start their Maternity Leave before they give birth and you may want to do this. If you are eligible for Statutory Maternity Pay (SMP) or Maternity Allowance, the normal rules apply, and you will be entitled to claim up to 39 weeks of statutory pay or allowance. If you qualify for SMP, you will still be eligible for 90% of your average weekly earnings in the first 6 weeks, followed by 33 weeks of pay paid at 90% of your average weekly earnings or the statutory flat rate (whichever is lower). The statutory flat rate is currently £148.68 a week, rising to £151.20 a week from April 2020. Some employers ‘top up’ Statutory Maternity Pay and their employees are eligible for an enhanced, earnings related rate of pay. If you are eligible for enhanced (contractual) maternity pay from your employer this is included within the wage costs that your employer can claim through the scheme. The same principles apply if you qualify for contractual adoption pay, paternity pay or shared parental pay. If you are currently pregnant and due to start Maternity Leave: You will start Maternity Leave as usual. If your earnings have reduced due to a period on furlough or statutory sick pay prior to your Maternity Leave starting this may affect your Statutory Maternity Pay. The same principle applies to contractual adoption pay, paternity pay and shared parental pay. 07/12/2020 Dexter & Sharpe 25
The Coronavirus Job Retention Scheme: Employees If you are concerned that your employer is not paying you what you are entitled to then you should raise this with your employer in the first instance, then with Acas (Advisory, Conciliation and Arbitration Service). How your monthly earnings are calculated: If you’ve been employed (or engaged by an employment business in the case of agency workers) for a full year, employers will claim for the higher of either: • the amount you earned in the same month last year • an average of your monthly earnings from the last year • If you’ve been employed for less than a year, employers will claim for an average of your monthly earnings since you started work. The same arrangements apply if your monthly pay varies such as if you are on a zero-hour contract. If you started work in February 2020, your employer will pro-rata your earnings from that month. Bonuses, commissions and fees are not included as part of your monthly earnings. While you’re on furlough: Your employer will need to notify you before putting you on furlough. Once you are on furlough you will not be able to work for your employer, but you can undertake training or volunteer subject to public health guidance, as long as you’re not: • making money for your employer • providing services to your employer If workers are required to for example, complete training courses whilst they are furloughed, then they must be paid at least the NLW/NMW for the time spent training, even if this is more than the 80% of their wage that will be subsidised. Any activities undertaken while on furlough must be in line with the latest Public Health guidance during the COVID-19 outbreak. Your employer can still make you redundant while you’re on furlough or afterwards, and your rights as an employee are not affected by being on furlough, including redundancy rights. The three week minimum furlough period is no longer in-force. Your employer can place you on furlough more than once, and one period can follow straight after an existing furlough period, while the scheme is open. 07/12/2020 Dexter & Sharpe 26
Support for businesses who are paying sick pay to employees The Coronavirus Statutory Sick Pay Scheme will allow small and medium-sized businesses and employers to reclaim Statutory Sick Pay (SSP) paid for sickness absence due to COVID-19. The eligibility criteria for the scheme will be as follows: • The repayment will cover up to 2 weeks’ SSP (at the current rate of SSP) per eligible employee who has been off work because of COVID-19 • employers with fewer than 250 employees will be eligible - the size of an employer will be determined by the number of people they employed as of 28 February 2020 • employers will be able to reclaim expenditure for any employee who has claimed SSP (according to the new eligibility criteria) as a result of COVID-19 • employers should maintain records of staff absences and payments of SSP, but employees will not need to provide a GP fit note • eligible period for the scheme will commence the day after the regulations on the extension of Statutory Sick Pay to those staying at home comes into force You may begin your claim here. Those who follow advice to stay at home and who cannot work as a result will be eligible for statutory sick pay (SSP), even if they are not themselves sick. Employers should use their discretion and respect the medical need to self-isolate in making decisions about sick pay. If evidence is required by an employer, those with symptoms of coronavirus can get an isolation note from NHS 111 online and those who live with someone that has symptoms can get a note from the NHS website. Anyone not eligible to receive sick pay, including those earning less than an average of £118 per week, some of those working in the gig economy, or self-employed people, is able to claim Universal Credit and or contributory Employment and Support Allowance. For those on a low income and already claiming Universal Credit, it is designed to automatically adjust depending on people’s earnings or other income. However, if someone needs money urgently they can apply for an advance through the journal. Eligibility: You are eligible for the scheme if: • Your business is UK based. • Your business is a small or medium-sized and employs fewer than 250 employees as of 28 February 2020. 07/12/2020 Dexter & Sharpe 27
. Support for businesses who are paying sick pay to employees Support is available for business that: • are claiming for an employee who’s eligible for sick pay due to coronavirus • had a PAYE payroll scheme that was created & started on or before 28 February 2020 • The scheme covers all types of employment contracts, including: • full-time employees, part-time employees, employees on agency contracts, employees on flexible or zero-hour contracts You can claim for periods of sickness starting on or after: • 13 March 2020 - if your employee had coronavirus or the symptoms or is self- isolating because someone they live with has symptoms. • 16 April 2020 - if your employee was shielding because of coronavirus The weekly rate was £94.25 before 6 April 2020 and is now £95.85. If you’re an employer who pays more than the weekly rate of SSP you can only claim up to the weekly rate paid. Records you must keep You must keep records of all the statutory sick payments that you want to claim from HMRC, including: • the reason why an employee could not work. • details of each period when an employee could not work, including start and end dates. • details of the SSP qualifying days when an employee could not work. • National Insurance numbers of all employees who you have paid SSP to You’ll have to keep these records for at least 3 years following your claim. Get ready to claim The online service you’ll use to reclaim Statutory Sick Pay (SSP) will be available from 26 May 2020. To use the online service you will need the Government Gateway user ID you got when you registered for PAYE Online. If you did not register online you will need to enroll for the PAYE Online service. Find your lost Government Gateway user ID if you do not have it. If you use an agent who is authorised to do PAYE online for you, they will be able to claim on your behalf. If you’re unable to claim online an alternative way to claim will be available. 07/12/2020 Dexter & Sharpe 28
Support for businesses that pay business rates The UK Government will introduce a business rates retail holiday for retail, hospitality and leisure businesses in England for the 2020 to 2021 tax year. Businesses that received the retail discount in the 2019 to 2020 tax year will be rebilled by their local authority as soon as possible. Eligibility: You are eligible for the business rates holiday if: • Your business is based in England. • Your business is in the retail, hospitality and/or leisure sector. Properties that will benefit from the relief will be occupied hereditaments that are wholly or mainly being used: • as shops, restaurants, cafes, drinking establishments, cinemas and live music venues • for assembly and leisure • as hotels, guest & boarding premises and self-catering accommodation • bingo halls, estate agents, and letting agencies Examples of the establishments that will enjoy the business rates retail holiday can be found here. Business rates calculation information can be found here. How to access the scheme: There is no action for you. This will apply to your next council tax bill in April 2020. However, local authorities may have to reissue your bill automatically to exclude the business rate charge. They will do this as soon as possible. You can estimate the business rate charge you will no longer have to pay this year using the business rates calculator. 07/12/2020 Dexter & Sharpe 29
Support for businesses that pay business rates: Nurseries The UK Government will introduce a business rates holiday for nurseries in England for the 2020 to 2021 tax year. Eligibility You are eligible for the business rates holiday if: • your business is based in England Properties that will benefit from the relief will be hereditaments: • occupied by providers on Ofsted’s Early Years Register • wholly or mainly used for the provision of the Early Years Foundation Stage How to access the scheme There is no action for you. This will apply to your next council tax bill in April 2020. However, local authorities may have to reissue your bill to exclude the business rate charge. They will do this as soon as possible. You can estimate the business rate charge you will no longer have to pay this year using the business rates calculator. Support for businesses that pay little or no business rates The UK government will provide additional funding for local authorities to support small businesses that already pay little or no business rates because of small business rate relief (SBRR). This will provide a one-off grant of £10,000 to businesses currently eligible for SBRR or rural rate relief, to help meet their ongoing business costs. Eligibility: If your business is eligible for SBRR or rural rate relief, you will be contacted by your local authority – you do not need to apply. Funding for the scheme will be provided to local authorities by government in early April. Guidance for local authorities on the scheme will be provided shortly. 07/12/2020 Dexter & Sharpe 30
Grant Funding Schemes In response to the Coronavirus, Covid-19, the Government announced there would be support for small businesses, and businesses in the retail, hospitality and leisure sectors. This support will take the form of two grant funding schemes, the (1) Small Business Grant Fund and the (2) Retail, Hospitality and Leisure Grant Fund. The schemes will be delivered by Local Authorities – if you are eligible, your Local Authority will be in touch with you to arrange payment. Businesses seeking information should refer to the Government’s business support website: https://www.businesssupport.gov.uk/ How will the grants be provided? Central Government will provide funding to Local Authorities that are responsible for business rate billing. Those Local Authorities will contact eligible businesses to arrange payment of the grants. How much funding will be provided to businesses? Under the Small Business Grant Fund (SBGF) all eligible businesses in England in receipt of either Small Business Rates Relief (SBRR) or Rural Rates Relief (RRR) in the business rates system will be eligible for a payment of £10,000. Under the Retail, Hospitality and Leisure Grant (RHLG) eligible businesses in England in receipt of the Expanded Retail Discount (which covers retail, hospitality and leisure) with a rateable value of less than £51,000 will be eligible for a cash grants of £10,000 or £25,000 per property. Eligible businesses in these sectors with a property that has a rateable value of up to and including £15,000 will receive a grant of £10,000. Eligible businesses in these sectors with a property that has a rateable value of over £15,000 and less than £51,000 will receive a grant of £25,000. The Government’s assessment is that, given the impact of Covid-19 in the sectors receiving the relief, the business rates expanded retail, leisure and hospitality discount 2020-21 is not a state aid. Businesses with a rateable value of £51,000 or over are not eligible for this scheme. Businesses which are not ratepayers in the business rates system are not included in this scheme. 07/12/2020 Dexter & Sharpe 31
Grant Funding Schemes Small Business Grant Fund Eligibility Businesses with a property that on the 11 March 2020 were eligible for Small Business Rate Relief (SBRR) Scheme (including those with a Rateable Value between £12,000 and £15,000 which receive tapered relief). Businesses which on 11 March 2020 were eligible for relief under the Rural Rate Relief Scheme are also eligible for this scheme. Eligible recipients will receive one grant per property. Exclusions to Small Business Grant Fund You cannot get SBGF for: • Properties occupied for personal uses, such as private stables and loose boxes, beach huts and moorings. • Car parks and parking spaces. • Businesses which as of the 11 March were in liquation or were dissolved will not be eligible. Retail, Hospitality and Leisure Grant Eligibility Properties which on the 11 March 2020 had a rateable value of less than £51,000 and would have been eligible for a discount under the business rates Expanded Retail Discount Scheme had that scheme been in force are eligible for the grant. Charities which would otherwise meet this criteria but whose bill for 11 March had been reduced to nil by a local discretionary award should still be considered to be eligible for the RHL grant. Recipients will receive one grant per eligible property. Exclusions to RHLG You cannot get RHLG for: • Properties occupied for personal uses, such as private stables and loose boxes, beach huts and moorings. • Car parks and parking spaces. • Properties with a rateable value of £51,000 or over. • Businesses which as of the 11 March were in liquation or were dissolved will not be eligible. Eligible recipients will receive one grant per property. Recipients cannot receive both SBGF and RHLG on the same property. More information is available here. 07/12/2020 Dexter & Sharpe 32
Grant Funding Schemes Ineligible businesses: • Hereditaments occupied for personal uses, such as private stables and loose boxes, beach huts, and moorings. • Car parks and parking spaces. • Businesses with a rateable value of £51,000 or over are not eligible for this scheme. • Businesses which are not ratepayers in the business rates system are not included in this scheme. • Businesses which as of the 11 March were in liquation or were dissolved will not be eligible for this scheme. The Government will not accept deliberate manipulation and fraud - and any business caught falsifying their records to gain additional grant money will face prosecution and any funding issued will be subject to claw back, as may any grants paid in error. New funding to support dairy farmers through coronavirus A new fund will enable eligible dairy farmers in England to access up to £10,000 each to help them overcome the impact of the coronavirus outbreak. Eligible dairy farmers (those who have lost more than 25% of their income over April and May due to coronavirus disruptions) will be entitled to up to £10,000 each, to cover 70% of their lost income during April and May to ensure they can continue to operate and sustain production capacity without impacts on animal welfare. New ‘Wet-Led’ Pub Grant Scheme: • The scheme is limited to wed-led pubs. • ‘Wet-Led’ means pubs that predominantly serve alcohol rather than provide food. • To qualify, the pubs must be in either tiers 2 or 3 at some point within December 2020. • The scheme will award qualifying pubs a £1,000 ‘Christmas grant’. • This payment is in addition to the existing (up to) £3,000 monthly cash grant support for businesses. For information on this cash grant support, please see the section entitled ‘Local Restrictions Support Grant (LRSG)’. 07/12/2020 Dexter & Sharpe 33
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