Severance pay - personal tax question
Severance pay - personal tax question
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Discussion

brissleboy

Original Poster:

400 posts

200 months

Tuesday 18th March 2014
quotequote all
Somebody I know is due to retire shortly after many years of working for the same company and has been offered an attractive severance package of £500k and a new Range Rover (or cash equivalent). The person in question will also work as a consultant for the same company for a 6 month period following retirement but will not be paid for this (all included in the payment previously advised).

My question is this: what is the best way of dealing with this tax wise to ensure the person in question benefits as much as HMRC will? I guess it could be payrolled but could a limited company be set up and then dividends eventually taken?

Whilst I'm an accountant, I left my knowledge of complex personal tax issues back when I did my exams!

Any help would be greatly appreciated.

anonymous-user

84 months

Tuesday 18th March 2014
quotequote all
Assuming the person is an employee (and isn't a shareholder), then I can't see how the company can do anything other than pay it via PAYE, without putting themselves in a very risky position with HMRC.

Somebody is nicely set up for retirement...

sumo69

2,164 posts

250 months

Tuesday 18th March 2014
quotequote all
Is the severance contractual (and therefore taxable) or is a "compromise agreement" for breach of employment contract a possibility?

With these sort of sums, and the possibility of a very big PI claim if the advise is wrong, I would be seeking some expert advice.

David

Edited by sumo69 on Tuesday 18th March 20:26

anonymous-user

84 months

Wednesday 19th March 2014
quotequote all
sumo69 said:
Is the severance contractual (and therefore taxable) or is a "compromise agreement" for breach of employment contract a possibility?

With these sort of sums, and the possibility of a very big PI claim if the advise is wrong, I would be seeking some expert advice.

David
I believe that even a compromise agreement payment would be taxable over £35k.

Agree with you on the advice bit though, this is one for your accountant.

brissleboy

Original Poster:

400 posts

200 months

Wednesday 19th March 2014
quotequote all
The person in question is an employee with no shareholding in the Company and a legal document is currently being drawn up so the Company can't worm itself out of it should it want to.

I absolutely agree expert advise should be sought in this matter, was just wondering whether anyone had any experience with something like this.

Thanks for the replies.