What tax do I pay on redundancy payments?
In the current economic climate, losing your job is, sadly, a reality for many people. We have tried to cover a few areas on what redundancy could mean to you in this section of the website.
Are you likely to be made redundant? Do you want to know how your redundancy package will be taxed and whether you will need to pay any National Insurance contributions (NIC) on it? What if you get items other than money or if the payment is delayed?
You are made redundant if you lose your job because your employer needs fewer employees where you work, for example, if your job is no longer needed because of advances in technology or the volume of work falls at your place of work.
When you become redundant your employer may make a payment to you, called a redundancy payment. This is to compensate you for being made redundant.
You may qualify for 'statutory redundancy pay' to be paid by your employer, if you have worked for your employer for two years or more. Employers pay statutory redundancy pay at levels which are fixed by the government and based upon government rules. It is the legal minimum, so your employer cannot pay you less than this, if you qualify. You can find out more about statutory redundancy pay on the GOV.UK website.
Your employer can pay you more than the statutory amount if they choose to do so or if you have terms in your employment contract which offer more favourable redundancy treatment than the statutory scheme. This could mean a bigger lump sum or getting a pay-out even if you have been there for less than two years.
Your redundancy package can include payments that are made for other reasons than your redundancy. The nature of these payments (what they are for) affects how they are taxed. For example, you may get a redundancy package that includes holiday pay or pay in lieu of notice as well as a redundancy payment. Such payments of holiday pay or pay in lieu of notice are taxable as usual.
Genuine redundancy payments must also be distinguished from other payments which would be taxable as earnings. For example, a payment that is really a bonus, say for meeting production targets or doing extra work in the period leading up to redundancy, is not compensation for redundancy.
You may also be able to claim additional compensation from your employer if you were unfairly selected for redundancy, for example because of your sex, race, religion or a disability. You should seek legal advice if you think this may apply to you.
If you have been made redundant and your employer is now insolvent, you can claim your payment from the Redundancy Payments Office. The insolvency practitioner dealing with the affairs of your employer should provide you with an application form (RP1) and further information. There is more information on the GOV.UK website.
There are some special tax rules that apply to redundancy payments:
- There is an exemption from income tax on payments up to £30,000 from one job. If you have more than one job the exemption applies to each job – see the example of Jack. This rule applies unless:
What this means is that if you only get a statutory redundancy payment, then due to the relatively small amounts involved, this will always fall within the £30,000 exemption and be tax-free. Whatever is left over of the £30,000 exemption is available to set against any ‘extra’ amount of redundancy payment that you might receive from your employer.
You do not have to pay any NIC at all on redundancy payments (even if over £30,000), but if the redundancy payment is part of a package, some of the other amounts in the package may be both taxable and subject to NIC.
Unpaid wages and profit target payments or overtime – these are taxable in full and NIC is payable, even if you receive the amounts after your employment has ended.
Payments in lieu of notice – you might be expected to work your notice period before your redundancy takes effect, but often you will get a payment in lieu of notice and be able to leave straight away. From 6 April 2018 such payments are always fully taxable and liable to NIC.
For payments made before 6 April 2018, if your contract of employment provides for such a payment or your employer normally paid them, HM Revenue & Customs (HMRC) will argue that they are taxable in full and that NIC is payable. This can be a complex area and the position depends on the particular facts, so you may need to take advice from a tax adviser. You can find a tax adviser on the Chartered Institute of Taxation website.
Holiday pay – this is treated in the same way as wages, so it is taxable in full and subject to NIC.
Restrictive covenant – any payment made to you on the basis that you restrict your activities in some way is taxable in full and NIC is payable.
Occupational pensions – these are taxable in full, but no NIC is payable. You may be able to commute, that is exchange, part of a pension entitlement for a tax-free lump sum. This normally only applies if you are have reached a minimum age. The rules for accessing pension funds generally changed from 6 April 2015 and you can read more about the options available to you and the tax effect of these in our 'Pensioners and tax' section.
If there is any doubt about whether the £30,000 exemption applies, your employer may agree with HMRC how you will be taxed before they pay anything to you. This does not always happen.
As with your normal wages, your employer should deal with the tax and NIC due on any taxable parts of your redundancy package under the Pay As You Earn (PAYE) system, but the exact treatment, and any action you need to take, will depend on the timing of the payment.
When you are made redundant, your employer should issue you with form P45.
Payment before your employment ends
If your redundancy payment is made before you leave your job and before your employer issues you with form P45, any taxable amounts, such as unpaid wages and any part of a redundancy payment over £30,000, should be included in your final pay and subject to tax/NIC as normal. You will be taxed using your normal tax code.
Payment after your employment ends
If your redundancy payment is made after you leave your job and your employer has already issued form P45, your employer will use an 0T tax code on a Week 1/Month 1 against any taxable amounts. This means you will be treated as having no personal allowance and when applied on a Week 1/ Month 1 basis, the 0T code will calculate the tax to be deducted at basic, higher and additional tax rates as if it were your first payment of PAYE income in the tax year (i.e. is it not on the normal cumulative basis). The employer will take off tax at the appropriate rates before paying you the balance.
Remember: this will only affect you to the extent that your package contains taxable elements, such as, unpaid wages, or if your redundancy payment is over £30,000.
Your employer should not issue another P45 but should give you a letter showing the date of payment, the gross amount and the amount of income tax deducted under PAYE.
The 0T code means you may overpay tax on the redundancy payment. You will be able to reclaim any overpaid tax and should contact HMRC to check your position. They may not be able to do this until the end of the tax year, when they will be able to reconcile your pay and tax position fully.
You can see how tax is taken off redundancy payments in the example of Tom.
With regards to NIC on taxable payments made after the P45 has been issued, your employer should deduct NIC as normal – unless it’s an ‘irregular’ payment like accrued holiday pay in which case they should treat it as a weekly payment. This may be a problem if you are usually paid monthly, as a weekly earnings basis will only give you £162 NIC-free pay to use against the payment, rather than the monthly earnings basis that you may be used to (giving you £702 NIC-free pay). This may mean you receive less pay then you were expecting. However, HMRC will not make any refunds of National Insurance in these circumstances.
You will be taxed on the redundancy payment in the tax year that you get it, even if you were made redundant in an earlier tax year.
The £30,000 limit applies to one particular job and can be carried forward to be used against any later redundancy payments from the same job. There are two examples which explain this in more detail:
- Kevin – payment by instalments in the same tax year;
- Sally – payment by instalments in two tax years.
Any NIC that is payable on any part of a redundancy package paid later, will be charged at whatever the rates are when you receive the payment.
Your redundancy package can include items such as use of a car, fuel, accommodation or a loan at a reduced rate of interest.
You will be taxed for any year on the 'cash equivalent' of the goods concerned to the extent that the cash equivalent, together with any actual cash you receive, exceeds £30,000. An exception to this rule is loans that are waived. If you have a loan from your employer and it is waived (in other words you are no longer obliged to pay back) as part of a redundancy package, it is taxable in full even if the total value of your package is less than £30,000. HMRC can give you more advice on this; you can find out how to contact HMRC on the GOV.UK website.
If you are claiming jobseeker's allowance (JSA) or universal credit (UC) – you must give your form P45 to the Jobcentre as soon as you claim the allowance.
They will use this to work out whether you will be entitled to a repayment when you stop claiming or once the tax year ends on 5 April, whichever comes first.
If you are not claiming JSA or UC and will be unemployed for over four weeks, you will need to fill in ‘form P50 – claim for repayment of tax when you have stopped working’ and send it to HMRC with parts 2 and 3 of your form P45 (or details of any post P45 payment). You can find more information on reclaiming tax from HMRC on form P50 in the ‘tax basics section’ of this website.
Any costs your employer pays to help you adjust to redundancy or to help you retrain or find a new job, including any related travel expenses, are usually exempt from tax. Counselling services provided on redundancy might also be exempt. There is more information in the section on employment benefits and expenses.
Tom lives in England and was made redundant from his job on 1 June 2018. He received a redundancy payment of £55,000 with his final pay packet on that day. The first £30,000 of the redundancy payment is tax-free, so Tom was taxed using his normal tax code on £25,000 of the redundancy payment. The redundancy payment, less tax, was paid to Tom with his final wages, which were taxed using his normal tax code. He then received his form P45.
Because of the way that relief for the personal allowance is given through the payroll, if Tom does not work for the rest of the year, or only has a small income, such as JSA, he may find that he can claim a tax refund for the year of redundancy because of unused personal allowances.
If instead the redundancy payment of £55,000 was not actually paid to Tom until 1 August 2018, after his form P45 had been issued, his employer would have to apply the 0T code on a M1 basis. As above only £25,000 of the payment is taxable. However, under code 0T M1, under which he will receive one month’s allocation of each tax band, tax will be due as follows:
- on £2,875 at 20% is £575
- on £9,625 at 40% is £3,850
- on £12,500 at 45% is £5,625
so Tom will get £44,950 (£55,000 - £575 - £3,850 - £5,625).
Note that if Tom had been a Scottish taxpayer, then the rates applying to his redundancy payment would be different.
Tom may well have overpaid tax in 2018/19 and should be able to reclaim some tax from HMRC. Contact HMRC if you think this applies to you.
Kevin received £40,000 from his company's redundancy scheme when he left in March 2018. They agreed to pay him this amount by way of £20,000 on 6 April 2018 and a further £20,000 on 1 January 2019. Both dates are in the 2018/19 tax year.
The £20,000 Kevin receives in April 2018 is exempt from tax. However only £30,000 in total is tax-free, so only £10,000 of the £20,000 paid on 1 January 2019 is exempt, leaving the remaining £10,000 taxable as earnings for 2018/19.
Sally received a redundancy package of £38,000, with £19,000 payable on 1 September 2017 (during the 2017/18 tax year) and £19,000 being payable 1 May 2018 (during the 2018/19 tax year).
The September instalment of £19,000 is free of tax together with a further £11,000 of the May 2018 payment – so in total £30,000 is exempt.
This means that the remaining £8,000 of the May 2018 payment (£19,000 - £11,000) will be charged to tax as earnings in 2018/19.
Chris is employed by Heavy Rail Ltd. Heavy Rail Ltd owns all the shares in Light Trucking Ltd. When Chris is made redundant by Heavy Rail Ltd on 1 June 2017 his redundancy package is £20,000.
In December 2017 he started working for Light Trucking Ltd but the company relocated to Japan and he is again made redundant on 31 March 2018. Light Trucking Ltd also gives him a £20,000 termination package.
As one company owns the other we say the two companies are connected or associated with each other so Chris can have only one £30,000 exemption. This means the £20,000 received from Heavy Rail Ltd is tax-free, but only £10,000 of the payment from Light Trucking Ltd is exempt.
Martin is made redundant on 1 December 2016 with a termination package of £25,000. On 1 May 2017 he is re-employed by the same company, but is made redundant from that job on 1 March 2019, being paid a further £10,000 in redundancy.
In both cases the employer is unchanged. Therefore it is as if Martin is employed by the same person on each occasion. This means he has only one exemption of £30,000 to use. As a result the whole of the first payment of £25,000 is exempt, but only £5,000 of the second payment. Martin will be taxed on the remaining £5,000 during 2018/19.
Jack is made redundant on 31 March 2017 and receives a redundancy package of £30,000 which is exempt. His new job is with a completely new employer unconnected with his old one. Sadly the new company have to make him redundant on 31 December 2018 as part of a series of cost cutting measures but they pay him £15,000 redundancy.
This payment is also tax-free so effectively Jack will have had the benefit of two £30,000 exemptions. In fact, he could have received a further £15,000 from the second company and this would also be tax-free as part of the second £30,000 exemption.
For more information on redundancy or leaving your job have a look at the GOV.UK website.
You can calculate how much statutory redundancy pay you can get using the calculator on the GOV.UK website.
The tax treatment of non-statutory redundancy is set out by HMRC in SP 1/94.
HMRC’s technical information on redundancy payments, can be found in their EIM manual, starting at EIM13750.